What do you think is the best thing that I should do if I am stopped here in Hammond, Indiana for DUI and questioned by an officer after I have been drinking?

Herbert

Hammond, IN

If you are stopped by an officer in Hammond, Indiana for DUI suspicion, you are probably being videotaped. You just have to be polite and courteous because antagonizing the police officer would invite problems. If asked, you should hand the officer your license and proof of insurance. Don’t ever admit guilt, never apologize, and most especially, don’t volunteer any information. This is definitely not the perfect time to beg your way out of a traffic ticket. If you are questioned, you could respectfully tell the officer that you would not answer any questions without a lawyer present. When the officer is finished writing the ticket/warning, ask if you are free to leave.

If you are told that you are free to leave, you have to thank your lucky stars that you have not learned your lesson the hard way and next time, be on your way carefully and lawfully. Don’t drink and drive again to avoid being stopped again for DUI or if you can’t avoid drinking, you could have someone who hasn’t been drinking to drive you home safely. If you are told by the officer that you are not free to leave, you have to immediately request for a lawyer, terminate the interview and best of all, remain silent.

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