If you have recently been pulled over for a DUI, been arrested for driving under the influence, or submitted to alcohol testing, learn more about what Indiana DUI testing requirements are and when you need to call an Indianapolis DUI lawyer.
Challenging the Results of Indiana DUI Testing
If you’ve tested above the legal limit on a blood, urine, or breath test, you may believe that your fate is sealed. Many people think that a high BAC screening means they are definitely going to be convicted for driving under the influence. However, you still have options. There are many reasons that the court may decide to dismiss or reduce charges. For example, if the police officer did not have probable cause to initiate the traffic stop, any evidence gathered during the traffic stop may be inadmissible. If a chemical test is not performed within the proper timeframe after your arrest or traffic stop, the prosecutor may not be able to use them as evidence against you.
There are also errors that occur during blood, breath, and urine tests. These mistakes can affect the validity of the test. If a blood sample is improperly drawn or the sample is not stored correctly, the evidence they produce may be thrown out in your drunk driving case.
There are many possible defenses we can use to fight your DUI charges. However, it all starts with retaining a criminal defense attorney. Without effective legal counsel, your chances of defending yourself in a DUI/OWI case are slim. Prosecutors take a hard stand against drunk driving, and they will often put substantial resources into securing a guilty verdict. With the assistance of your OWI attorney, you can feel confident that you are doing everything possible to protect your future.
What is Field Sobriety Testing?
Many police officers ask drivers to submit to field sobriety testing if they suspect intoxication. It’s important to note that field sobriety testing is not proof of intoxicated driving. It simply provides further evidence in conjunction with a blood, breath, or urine test.
Field sobriety testing in Indiana includes a variety of tasks that test your balance, timing, and other skills that are often impacted by alcohol or drugs. You may be asked to balance on one foot for a set period of time, walk a straight line, touch your finger to your nose, or close your eyes and try to estimate when 30 seconds have passed. There are many reasons that an individual may do poorly on these tests. They may have medical conditions that affect their balance or speech or simply be nervous in the presence of law enforcement.
Remember that you are not legally required to submit to a field sobriety test. Even if the police officer suggests that your refusal will look bad to the court, you can refuse. Any evidence gathered during a field sobriety test can and will be used against you; it will not be used to exonerate you.
What About Portable Breathalyzer Tests?
When drivers think about Indiana’s implied consent law, they often believe that it applies to portable breathalyzer tests used during traffic stops. However, the implied consent law only applies to certified chemical tests. Breathalyzer tests do not fit in this category, so just like field sobriety tests, the evidence gathered from them can only strengthen the case against you. Officers may administer a breathalyzer test so they have probable cause to arrest you.
Implied Consent to Alcohol Testing in Indiana
When you drive on Indiana roads, you are subject to the state’s implied consent laws. Under Indiana DUI law, anyone driving within the state consents to alcohol screening if a police officer believes they are driving under the influence. This includes certified chemical tests administered by certified professionals. Depending on where you are and what the officer requests, you may have to take a blood, breath, or urine test. You may also have to undergo multiple tests.
If you refuse to take a certified chemical test, you are likely to face heavy penalties. Refusal leads to a one-year suspension of your driver’s license. Additionally, your refusal may serve as evidence of your guilt in court.
Protecting Your Rights After an Indianapolis OWI Arrest
Even if you are required to take a blood, breath, or urine test, your results do not mean that a DUI conviction is inevitable. You still have rights in the legal system. Depending on the circumstances of your traffic stop and arrest, your legal team may be able to have evidence thrown out or even get your case dismissed. Police officers are prone to human errors just like the rest of us, and their judgment is not infallible. The criminal defense attorneys at Hessler Law knows what it takes to get OWI charges dismissed and the many ways in which evidence may falsely paint you as guilty. As a result of the many OWI cases we have taken on, we can aggressively defend our clients and explore different avenues for each client’s defense.
The best thing you can do after an arrest is to reach out to an attorney as quickly as possible. Anything you say without an attorney present has the potential to weaken your case or prove your guilt. You need a dedicated advocate on your side.
Call a DUI Lawyer Hessler Law Now
If you or someone you love has been arrested for driving under the influence, there is no time to waste. The sooner you reach out to the team at Hessler Law, the sooner we can begin crafting a solid defense. Fill out our contact form if you want someone from our team to contact you or call us directly at (317) 886-8800.