Tag: Chemical Test



Reader’s Question:

If I get convicted for my DUI charge here in Fort Wayne, Indiana, will my conviction stay on my record? What if I just plead guilty to my case, can I get it reduced to a lesser offense?

Harvey

Fort Wayne, IN

A DUI conviction would stay on your record and it should be disclosed during job interviews, when going abroad and loan applications. Sometimes, it would be better to plead guilty so that you may get your charge reduced to a lesser offense to avoid the possible negative outcome of a trial. But like any criminal case, you’re presumed innocent until proven guilty. It may not look and feel that way when you walk away from a DUI arrest with a temporary driver’s license, but the prosecutor still has the burden of proof in a DUI case.

Chemical test rights and its consequences as well as the Miranda rights should be read to you at appropriate times. Your DUI case on Fort Wayne, Indiana will probably not be thrown out if you were not read these rights, but it is a hole in the prosecution’s case that will not hurt your defense, either. In any case, you also would probably have higher car insurance rates so be sure to shop around but you’d likely find the car insurance deal that you are looking for from this site so get a free online rate quote now.






Reader’s Question:

My daughter was charged for DUI here in Indiana. We know a lot of good lawyers around but none of them is a DUI lawyer. How would a regular lawyer help us in my daughter’s case?

Nancy

Fort Wayne, IN

Thanks for asking, Nancy.

There are many urban legends, half-truths and falsehoods about DUI charges. Some people mistakenly think a chemical test refusal will get them out of a DUI stop. Some believe such nonsense as sucking on loose change can help beat a breathalyzer test if pulled over by police under suspicion of driving under the influence of drugs or alcohol.

The number one myth of drunk driving arrests is the idea that any lawyer can represent someone accused in a drunk driving accident or a DUI stop.
A qualified Indiana DUI legal expert is your daughter’s best defense against a DUI charge. If your daughter believes that she has been falsely or inaccurately accused, she doesn’t have to try her luck with a lawyer who has no proven track record in DUI cases.






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