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.

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.

I live in Anderson, one night I went to my friend’s house for a party. There were some wines, champagnes and martinis to drink along while chatting with some oldies. I am not that drunk, I just drink around a glass of champagne that night and after an hour I drive myself home. I was driving fast since I am in a hurry to go home to watch over my little daughter who is 5 years old. An officer told me to pull over and I was talking to him he somewhat smell the alcohol as in my breath, and asked me to perform a test that is to walk on a straight line. I felt so dizzy while doing the test, so I walked on a crooked line and thus, was arrested and charged with DUI. I went through a chemical testing and it revealed that I had a blood alcohol concentration level of 0.07%.

Is there any way I can get out of this mess I am in? I don’t want to have a criminal record.

Robert, Anderson IN

Hi Robert,

Based on the story that you narrated, you were charged of DUI. The Indiana DUI law specifically stated that a person could be charged of such crime when your driving ability is impaired due to the consumption of alcohol. When the police officer smelled your breath with alcohol, it gave him the reason to let you do the walking on a straight-line test. Thus, you were charged with DUI.

But with the results of chemical testing, the blood alcohol concentration level is 0.07%, which is below the legal limit of 0.08%. You can only be charged with DUI in the state of Indiana when your blood alcohol concentration level exceeds the legal limit of 0.08%. There is a possibility that you will be acquitted of the crime charged against you.

But with winning or losing of your case will only depend on the lawyer that you hired. Hiring an Indiana DUI lawyer is the best that you can do in order to aid you with your defense and using the result of the chemical testing as strong evidence that will help you win the case.

Having a criminal record due to DUI that is charged against you will be dependent upon on how good your Indiana DUI lawyer is. So, the choice is yours. Get the best Indiana DUI lawyer and the chances are big that you will win the case.