Reader’s Question:

I have to admit that I often times drink and drive because I can’t help it. What would I do if I get arrested for DUI here in South Bend, Indiana?

Rocky
South Bend, IN

You must never drink and drive but if you do and you are stopped for DUI by the police in South Bend, Indiana, it pays that you know what to do and what to say to the officer. You don’t have to get out of the car unless you are asked to do so and be always firm but polite in standing up for your rights. One of your rights is not to answer any questions or not engaging in a police “interview” while in custody, until you have first consulted with a lawyer. You also don’t have to agree to any field sobriety test if you are under the influence of alcohol or any other substance or suffer from poor balance due to injury, illness, clumsiness or any physical defect effecting coordination or the lower body.

The reason why you don’t have to submit to the roadside tests is that you are not legally obliged to do so. You can simply say no to the police officer and as mentioned, just always be polite. One other reason is that you may have difficulty standing on one leg for 30 seconds; walking a straight line, heel-to-toe or standing perfectly still while the officer gives you detailed instructions about how to perform these tests.

Tags: DUI, DUI arrest, DUI lawyer

Reader’s Question:

I have a cousin who has been charged for DUI in Lafayette, Indiana and I wanna well understand some things about it. What is the difference between DUI and OWI and what is this post-conviction relief?

Divine

Lafayette, IN

As you may well know, DUI is Driving Under the Influence and it is shorthand that most people understand, but strictly speaking, in the State of Indiana, DUI is not a crime. OWI or Operating While Intoxicated is a crime, as are certain so-called per se offenses related to having certain alcohol level in a person’s breath or blood, or controlled substances in one’s blood. OWI doesn’t require proof of driving, but rather being in actual physical control of a motor vehicle. For example, this could happen even if the driver is just asleep at the wheel with the engine running.

Post-Conviction Relief” (PCR) is a legal remedy wherein a prior conviction could be set aside and the defendant could get a new lease on life. Under the traffic law, it is often used to overturn Habitual Traffic Violator (HTV) status or to prevent a client from becoming HTV. An example is that a person may have two prior DUI convictions and one pending DUI charge. Before pleading to the new DUI charge, which would make the defendant an HTV, the DUI lawyer could try to overturn at least one prior conviction, to prevent that from happening. Your cousin may have been convicted for DUI before having an offense again in Lafayette, Indiana.

Tags: drunk driving laws, DUI, DUI lawyer

Reader’s Question:

Good for me I have never been arrested for DUI here in Bloomington, Indiana but I have to be cautious. How long after drinking alcohol would it take for the body to reach its highest level of blood alcohol and what could be the symptoms of alcohol intoxication?

Jody

Bloomington, IN

Blood alcohol test gauges the amount of alcohol or ethanol in the body. Alcohol is rapidly absorbed into the blood and could be measured within minutes of having an alcoholic drink. About an hour after drinking would be the time that the blood reaches its highest level of alcohol in the blood. But food in the stomach could increase the amount of time it takes for the blood alcohol to reach its highest level. About 90% of alcohol is being broken down in the liver and the rest of it is being passed out of the body in urine and your exhaled breath.

Blood alcohol test is being done to measure the amount of alcohol in the blood when a person is being suspected of being legally drunk (intoxicated). This method is commonly used during a DUI investigation in Bloomington, Indiana and said to be the most accurate method of measuring the blood alcohol content (BAC) of a DUI suspect. Symptoms of alcohol intoxication include lack of coordination, unsteadiness that makes it hard to stand or walk, confusion or erratic or unsafe driving.

Tags: blood alcohol test, DUI, DUI arrest, DUI lawyer

Reader’s Question:

I got charged for DUI here in Gary, Indiana and I already decided to get an attorney to help me win my case. Can a DUI defense attorney promise that he can win or be successful in defending my case?

Edgar

Gary, IN

What will be the outcome in trial for your DUI case in Gary, Indiana is very unpredictable. A DUI defense attorney could not promise that he will win or be successful in defending you because each DUI case is unique. You’ll never know what will happen so it just right that a DUI attorney would not promise anything. The judge that will be assigned to your case may be more lenient on DUI charges or maybe he is harsher on this kind of charge. There can also be some things distinctive to your DUI charge that are important.

Even if a DUI defense attorney could not promise anything, the good news about it is that the attorney would challenge all areas in your DUI case and do the best that he/she can to win your case. You just have to make sure that the DUI attorney that you will hire is well-skilled and one who would fiercely protect your rights. A good DUI defense attorney knows how to make the proper motions which will force the DA to prove that all the steps used in your DUI arrest were done properly because if not, their DUI case against you will be weakened.

Tags: DUI, DUI lawyer

Reader’s Question:

I took the breath test before I was arrested for DUI but I heard that the breath test can be proven unreliable. How can the results of breath test be excluded in my DUI case in Terre Haute, Indiana?

Damion

Terre Haute, IN

There are several ways in which the results of a breath test can be excluded as evidence from your DUI case in Terre Haute, Indiana. There are certain criteria that need to be met because if not, the breath test results can altogether be thrown out as evidence. These include:

-the breath test technician should have a current certification
-the breath test machine should have current certification
-the breath test machine should be calibrated as often as required
-the mouthpiece should be changed before the test is given
-keeping records of the temperature of the calibrating solutions in the machine
-keeping logs of the tests run
-counting the number of times the calibration solution has been changed

If at least one of these criteria is not met, you certainly have big chances of having the breath test evidence be excluded for your DUI case. And tell you what, a good DUI defense lawyer could get copies of the various logs, the operator’s license or certification and the breath test machine’s maintenance records to prove that a violation of the breath test rules and regulations must have been committed.

Tags: breath test, drunk driving laws, DUI, DUI lawyer

Reader’s Question:

I’m already aware of the standardized field sobriety tests that police officers in Evansville, Indiana ask a person to do when suspected of DUI. So what can be considered as non-standardized field sobriety tests?

Caelan

Evansville, IN

If a motorist is pulled over on a routine DUI stop in Evansville, Indiana and the police officer suspects intoxication, field sobriety tests (FST’s) may be conducted. The motorist performs simple cognitive and physical tests to determine sobriety. Other than standardized FST’s, there are several non-standardized FST’s that police officers can also administer.

An example of the non-standardized FST would be the Rhomberg stationary balance test. In this test, the person stands with feet together and leans the head back to look up at the sky while holding their arms out to the side. Another one would be the finger-to-nose test in which this would require the driver to close his/her eyes and bring the finger around to touch the nose. In the hand-pat test, the driver would be asked to extend a hand in front, palm upwards. The other hand would then be placed on top of the first hand, palm downwards. The person would ‘pat’ the lower hand with the upper hand by rotating it, so that first the lower hand is patted with the palm of the upper hand and then with the back of the upper hand. Other examples include counting the number of fingers that the officer raises, reciting the alphabet or a portion of it, counting backwards and standing with feet together and tip the head backwards.

Tags: DUI, DUI arrest, DUI lawyer, field sobriety tests

Reader’s Question:

I believe that the police officer who arrested me for DUI in Fort Wayne, Indiana claims some false statements about my DUI arrest. If we can prove this, can my DUI case be dismissed?

Brooklyn

Fort Wayne, IN

There has been countless times that a police officer has shown misconduct during a DUI arrest or even in making statements in their police reports and in court about the DUI stop. If the police officer made inaccurate statements about your DUI arrest in Fort Wayne, Indiana, they could lose substantial evidence that the prosecution needs in seeking a DUI conviction against you. If the State loses evidence at the suppression hearing that your DUI lawyer would file, it would not only weaken the State case against you but it could also lead to a reduced charge or ultimate dismissal of your DUI case.

Police officers sometimes fail to document certain aspects about your DUI arrest; this can be intentional or accidental. The police officer’s failure of recollection of events is usually due to being overworked or a poor memory. In some cases, giving inaccurate statements could be motivated by personal feelings or prejudices. But whatever the reason may be, failure of the police officer to make an accurate statement about your DUI arrest could be devastating to the State Attorney’s case against you.

Tags: DUI, DUI arrest, DUI lawyer

Reader’s Question:

When having fun during Saturday nights, I usually drive home with a little drink but the good thing is, I haven’t been arrested for DUI here in Muncie, Indiana. But if I will be, what are the signs that an officer would be looking for in a person who is suspected for drunk driving?

Amare

Muncie, IN

First, an arresting officer should have a probable cause to stop you because of a DUI suspicion. You must be weaving, making a wide turn, crossing the center line, etc. And if you would be arrested for DUI in Muncie, Indiana, the usual physical signs that a police officer always looks for would be your speech, eyes, odor and physical movements. A person’s eyes are likely the most important indication that someone is drunk driving because as they say, the eyes don’t lie. This can be proven by one of the field sobriety tests which is the nystagmus test, which results in rapid involuntary oscillation of the eyeballs when a person is intoxicated.

After some physical observation, the officer would also ask simple questions. The questions, along with the person’s driving pattern, odor of alcohol from the driver’s breathing or inside the vehicle, answers and physical symptoms, would assist the officer to form his or her professional opinion of whether or not to reasonably suspect that the driver may have been driving on a public highway while either impaired or intoxicated from alcohol or drugs, or both.

Tags: drunk driving laws, DUI, DUI arrest, DUI lawyer

Reader’s Question:

We often go out on a road trip at night and have some few drinks. I usually drive the car and I don’t want to be caught drunk driving. Could you tell me how can I avoid a DUI arrest in Hammond, Indiana?

Marcel

Hammond, IN

There are a few things that you can do before you go out on a road trip in Hammond, Indiana to avoid a DUI arrest and that is to know your vehicle. If you are unfamiliar or uncomfortable with your car, you are more likely to make mistakes and get caught drunk driving. Sit in the car before you leave if you fit in this category. Take a few moments to know where everything is before starting to drive- turn signal levers, headlights, emergency brake lights, windshield wipers, and high beams and so on. You could also adjust the steering wheel and seat before driving away.

You can also drive the car for a while before making your trip. You should also make sure that everything works in the vehicle- the lights are in good working order, the registration tags are current, and so on. Avoid being pulled over simply because your tail light is out, or broken. Taking the time to go over the vehicle itself could make your evening more enjoyable and you could avoid a DUI arrest for a vehicle infraction while you’re driving home. By doing all of these, you won’t make the officer’s job easy.

Tags: DUI, DUI advice, DUI arrest

Reader’s Question:

I don’t know if I would fight my DUI case here in Indianapolis, Indiana. I’m thinking maybe I should just work out a deal. After my arrest, what do you think is the best thing for me to do now?

Zana

Indianapolis, IN

The decision of whether to fight a DUI case or just working out a deal is something that only you can make. But I would still strongly suggest that you fight your DUI case in Indianapolis, Indiana. For 2nd or 3rd DUI offenses, fighting the DUI case is basically always the way to go, since you don’t have much to lose because the penalties for being found guilty at trial on a 2nd or 3rd offense are not usually any worse than the plea deal you would get.

You have to think hard about getting a deal or fighting over your DUI case because a conviction means paying fines, losing your driver’s license, career restrictions, travel restrictions, and more. If you take your chances and win your DUI case, that means no fines, no alcohol education classes, or probation. And if you win your DUI case, you are not risking future consequences or restrictions the state may decide to add on your DUI case. You are probably thinking pleading guilty so that you can drive again immediately, but for the given reasons, you should consider having an alternate transportation for a few months. This way, it may be strongly in your best interests to do so.

Tags: DUI, DUI advice, DUI arrest, DUI lawyer