Reader’s Question:

A DUI charge here in South Bend, Indiana may be hard for my brother. But I hope he can get out of this sooner than we thought. We don’t want him to be convicted, so how can we challenge his DUI arrest?

Freya

South Bend, IN

The Fourth Amendment to the US Constitution prohibits unreasonable searches and seizures and requires that any search or seizure is based on probable cause. It was a seizure when your brother was arrested by the police officer for DUI in South Bend, Indiana. If the police officer did not have probable cause to arrest him, his DUI attorney may challenge his arrest.

A police officer could lack probable cause to arrest your brother in a number of different circumstances. If he was stopped on a purely random basis or solely on an anonymous tip, for driving too slowly or unexplained “suspicious” reasons, or because of his race, ethnicity or another protected category, he may be able to fight his case. The specifics actually vary on different DUI cases and an Indiana DUI lawyer is the best source of information about how these general principles apply to your brother’s case.

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

Reader’s Question:

A friend of mine recently got arrested for DUI here in Anderson, Indiana and she refused to take the blood alcohol test. What could be the result of her decision in refusing the breath test?

Wallace

Anderson, IN

The state of Indiana has laws in place known as implied consent. When a person obtains driver’s license, he/she is stating that he/she will submit to a chemical test or blood alcohol test if requested to do so by a police officer. If your friend refused to a blood alcohol test after a DUI stop in Anderson, Indiana, there could adverse results of her decision.

Her driver’s license would be immediately suspended for one year. That can happen even if she is found not guilty of the DUI charge. Her refusal to take the blood alcohol test may be considered a separate crime and it may be viewed as an uncooperative behavior. It can also be considered a reason for added jail time. The court can also view this as consciousness of guilt. She can, of course, state other reasons for refusing to take the blood alcohol test. Her best option now is to consult with her DUI defense lawyer.

Tags: drunk driving laws, DUI, DUI arrest

Reader’s Question:

My immediate concern after my DUI arrest in Lafayette, Indiana would be my driver’s license. Do I stand a chance of winning at my DMV hearing if my blood alcohol test results were over .08%?

Whitney

Lafayette, IN

Yes, you certainly have a chance of winning your Department of Motor Vehicles (DMV) hearing even if your blood alcohol content (BAC) level was over .08%. BAC tests are not foolproof. That is why the discovery process of your DUI case in Lafayette, Indiana could uncover faulty equipment usage, improper testing methods, procedural errors, etc. that can be grounds for a reduction or better yet, dismissal of the DUI charges against you.

The burden of proof is on the law enforcement to convince the DMV that they performed the BAC tests in adherence to proper procedural requirements even before your driver’s license will be subject to suspension. The DMV hearing is very crucial in defending your DUI case. A good DUI defense lawyer would exploit the weaknesses and opportunities in the state’s case against you.

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

Reader’s Question:

I was caught drunk driving so I was charged with DUI here in Bloomington, Indiana and they say that I am not taking it seriously. I wanna know if I can represent myself in court. What can a lawyer actually do for me?

Finn

Bloomington, IN

You may choose not to hire a lawyer and represent yourself on your DUI charge in Bloomington, Indiana. But let me just emphasize to you that it is not a very good idea. Having a drunk driving or DUI charge is a very complex matter with increasing tough ramifications. There is a minefield of complicated constitutional, evidentiary, procedural, sentencing and administrative license issues.

A lawyer who is not qualified in this highly specialized subject can do nothing for you. It is like getting a family doctor when you need is a brain surgery. You should get a qualified lawyer who can review your DUI case for defects and suppress evidence. A good DUI lawyer can also be able to compel discovery of things such as calibration and maintenance records for the breath machine, obtain expert witnesses for trial, contest the administrative license suspension, having blood samples independently analyzed, negotiate for a lesser charge or reduced sentence, etc. You have to make sure that the one that you will get is not just a regular lawyer but an experienced DUI lawyer.

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

Reader’s Question:

I have been charged with my first DUI offense in Gary, Indiana. I don’t really know how the court process works. What will happen on my first court date and to I have to attend that if I have retained a lawyer?

Rasheed

Gary, IN

Many are actually not familiar with the court process in any criminal case, including a DUI charge. Since you have been charged with DUI in Gary, Indiana, your first scheduled court appearance would be the arraignment. This is the formal reading of your criminal complaint to inform you of the DUI charges against you. During this hearing, you will be asked to enter a plea which is either guilty, not guilty, or no contest in response to the DUI charges against you. The police report at the time of your DUI arrest and a Complaint, typically, are presented to the court. If you plead guilty, an evidentiary hearing will follow. If you plead not guilty, a date will be set for a preliminary trial.

But if you have been charged with a misdemeanor DUI and have retained a lawyer, you will typically not need to be present for the first court appearance. If it is a felony DUI case, your attendance at the arraignment is mandatory, regardless of whether or not you have retained a lawyer on the matter.

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

Reader’s Question:

One thing that worries me about getting a lawyer to defend me in my DUI charge in Terre Haute, Indiana is the cost of hiring one. And they say that I need to get someone who specializes in DUI cases. Why do I need a DUI lawyer and how much does a DUI lawyer cost?

Steven

Terre Haute, IN

You need an Indiana DUI lawyer who focuses his practice on Indiana DUI defense to represent you on your DUI charge in Terre Haute, Indiana. Some lawyers only practice Indiana DUI and Criminal Defense. Other Indiana lawyers specialize in other fields of the law. That’s basically the reason why you need to hire a DUI lawyer. There are some things in a DUI case that a general practitioner would hard to understand that only a DUI lawyer can.

A lawyer who focuses his practice on DUI defense would cost more than a general practitioner. Fees can range anywhere from $500 to $15,000, depending on the DUI lawyer and circumstances of the DUI case. I would say that a quality DUI defense lawyer could be expensive. However, you can still be able to find a DUI lawyer who would make sure that even those with limited funds can afford a quality DUI defense. Some DUI lawyers in Indiana have fixed fees and even work out flexible payment plans in some circumstances.

Tags: DUI, DUI lawyer

Reader’s Question:

A friend of mine was charged with DUI here in Evansville, Indiana. She told me that her DUI lawyer has several defenses that will be brought out on her trial. She said that there are factors other than alcohol that can cause poor performance on DUI field sobriety tests. What are these factors that can result to unfair test?

Geneva

Evansville, IN

Your friend seems to have a good DUI lawyer. This kind of lawyer knows that DUI convictions are not hopeless and it can be realistic to fight and win against a DUI charge in Evansville, Indiana. Pleading guilty to the DUI charge is not the answer in most circumstances.

Even if your friend performed less than perfectly on the DUI field sobriety tests (FST), this may be attributable to unfair test conditions such as having a distraction of flashing lights and traffic whizzing by, the test may have occurred on uneven surfaces or slippery terrain, the test area being too dark or amidst glaring lights, cold temperatures, rain or wind, unsuitable footwear-such as boots, high heels or dress shoes or nervousness, anxiety and/or frustration.

Under these conditions, most people who had nothing to drink would still struggle with the FST’s. Even if your friend struggled on the roadside tests, this may well be attributable to the setting and circumstances rather than attributable to her being intoxicated. This is often enough, when combined with a skilled DUI defense lawyer to raise reasonable doubt in jurors’ minds as to whether or not she was indeed intoxicated.

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

Reader’s Question:

It was just out of curiosity that prompted me to ask you this. I overheard my sister and my father talking about SR22 auto insurance and that my father needs to get a cheap one. Is this because he has a DUI conviction here in Fort Wayne, Indiana and how can he find a cheap SR22?

Ella

Fort Wayne, IN

I must say, yes, your father needs to file for SR22 auto insurance because of his DUI conviction in Fort Wayne, Indiana. SR22 is a form that is a proof that your father has the minimum liability limits for his vehicle. SR22 is a certificate of financial responsibility required by the Department of Motor Vehicles (DMV) for “high risk” drivers and in your father’s case, he is now considered as a high risk driver because of his DUI conviction.

Not all insurance companies offer this type of insurance but many insurance companies are willing to offer SR22 but for a higher price so it would really be hard for your father to find a cheap SR22 auto insurance. He can try by checking first with his insurance company if he is currently insured. Let the insurance company know your father needs SR22 auto insurance and obtain the paperwork to turn into the DMV and the insurance company will do the rest. Most people only need SR22 auto insurance for a 3-year time period. But if your father is currently not insured or his insurance company does not offer SR22 auto insurance, I have to say that the best way to find cheap car insurance rates is to compare quotes from multiple insurance companies.

Tags: drunk driving insurance, DUI, insurance, SR22 insurance

Reader’s Question:

I have never been caught drunk driving here in Indiana though to be honest, I do drink and drive sometimes. If I will be asked to stop because of a DUI suspicion, what will the officer ask me to do and what usually happens during a DUI arrest?

Nolee

Anderson, IN

A chain reaction of legal steps ensues if you will be caught by a police officer driving under the influence in the highways of Indiana. Drunk driving is a very serious offense and the law has strict penalties for people who will be proven guilty of the charge.

So, if a law enforcement officer asks you to stop because of a DUI suspicion, you will generally be asked to perform field sobriety tests (FST) or an actual sobriety test to measure your level of intoxication. Various testing options exist including breath, blood and urine. The state of Indiana has an implied consent law which means that if you are driving, you are implying consent to take an alcohol test on the spot if requested. The motorist usually has a choice of tests. The breath test is easier to fault for accuracy than blood test but breathalyzers do not scan for the presence of other drugs. If you refuse the test or have a blood alcohol content (BAC) level over the limit of .08 percent, the police officer would probably take you into custody at the local police station. Depending on previous charges, it is likely that someone would have to pick you up or you will have to sleep overnight at the station to sober up.

Tags: DUI, DUI lawyer

Reader’s Question:

I heard that I can be charged with DUI here in Indiana with any amount of alcohol in my blood, even if it is within the legal limit. I usually go for just one drink and drive myself home especially on Friday nights. How can I avoid a DUI stop by police?

Agatha

Muncie, IN

You’re right, Agatha. You can be charged with DUI in Indiana with any measurable amount of alcohol in your blood, which means that even if it is within the legal limit. So, you have to follow some measures so that you won’t lose your driving license and gain a criminal record.

Keep your vehicle in good operating condition as a responsible driver. After stopping for that drink with friends and before driving, you have to make sure that your headlights, tail lights, license plate illumination and brake lights are all working properly.

Be extra aware of your driving and obey the rules of the road. Don’t ever speed, but don’t drive under the speed limit as well, don’t change lanes more than necessary, signal well in advance of turns, signal your lane changes and stop completely at stop signs.

You also have to avoid areas associated with alcohol consumption like bars and clubs. I suggest that you take another route. Police may also be well monitoring the roads near stadiums and other sports venues for drunk drivers. So even if you have to go out of your way, find another way home.

The only absolute way to avoid a DUI conviction is to never even smell a glass of beer or a drink before driving. But if it is unavoidable, be sensible and cautious and follow these simple guidelines and avoid a DUI conviction that could have a very ugly impact on your life.

Tags: DUI, DUI lawyer