Free Indiana DUI Lawyers

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.

Reader’s Question:

This is my second offense for DUI here in Indiana. I feel so dumb because I refused to take a chemical test. What are the consequences that I am facing now?

Bloomington, IN

You should know better since this is your second DUI offense in Indiana. Well, you always have an option to refuse any test. But, of course, there are several consequences that you will face.

In the state of Indiana, since this is your second offense, there will be a two-year license suspension. While there is a work-restricted license option available for those who were found guilty of a blood alcohol level above .08%, this will not be available for you. If a refusal was written in the complaint, there is a minimum jail sentence that is a mandatory penalty.

If you choose to refuse blood, urine or breath testing, the evidence can be used against you in court as consciousness of guilt. Your lawyer can suggest other possibilities, like a phobia to needles or that you were unable to blow into the breathalyzer hard enough