Free Indiana DUI Lawyers

Reader’s Question:

In relation to DUI in the State of Indiana, how can someone be considered as a habitual traffic violator? And if for some reason I get stopped for DUI here in Anderson, Indiana, should I make a statement to the police officer?

Noel

Anderson, IN

Habitual Traffic Violator, also popularly known as HTV, is what the Bureau of Motor Vehicles designates a person who accumulates several convictions of major traffic offenses, including the crime of DUI, or a single major conviction that is combined with nine minor violations within a period of 10 years. The penalty for this is driver’s license suspension for a period of five to 10 years. If a person drives after becoming a habitual traffic violator, the driver’s license of that person could be suspended for the rest of his life. This is one of the reasons why every single traffic violation, including DUI, must be taken seriously.

Regarding your other question, don’t ever make a statement to the police officer if you get stopped for DUI in Anderson, Indiana. What the officer needs to know or ask you is only your license and registration. Aside from the basic information that is required to establish your identity or to fill out an accident report, you can decline to answer any questions without your lawyer present. You do run the risk of getting a conviction if you do more than that.

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

Reader’s Question:

If I will be arrested for DUI in Elkhart, Indiana, do I have the right to speak to a lawyer before I submit to a blood alcohol test?

Grace

Elkhart, IN

You can insist upon your right to speak to a lawyer before consenting to any search, answering any questions, making any statements, signing any documents (other than a traffic citation, which is not an admission of guilt) or providing any physical evidence. However, there are certain exceptions to this rule and this would be with regard to the implied consent law. If you get arrested or if you are pulled over for DUI suspicion in Elkhart, Indiana and be asked to take breath, blood, or urine test to measure your blood alcohol content (BAC), you have no right to consult with a lawyer before submitting to these tests.

This is under the Implied Consent Law which would require you to submit to the BAC tests. If you refuse to do so, your driver’s license will be suspended for one year. So if you are in the situation wherein the officer asks you for a BAC test, just be obedient if you want to save your driver’s license especially if you know that you are not drunk enough to be over the legal limit for driving.

Tags: blood alcohol test, breath test, DUI, DUI lawyer, urine test