In Indiana, a person can be charged with operating while intoxicated (OWI) or driving under the influence (DUI) if he is over 18 years old and has a blood-alcohol content (BAC) of .08% or higher. A DUI can also be proven by actions alone. A DUI has a significant social stigma and implications for employment, especially if you drive in the course of employment.
If you are pulled over by a police officer in a traffic stop, the officer may ask you to submit to a chemical test to check your BAC. Indiana’s “implied consent” law requires you to take a breath test if you are lawfully stopped by an officer who has probable cause to believe that you have been driving a vehicle under the influence. By law, you are required to take this test and a field sobriety test to check you dexterity and other outward signs of intoxication. If you refuse, there is an automatic one-year suspension of your license for failure to comply with the “implied consent” law.
Upon an arrest for an OWI/DUI in Indiana, the police officer will likely take your driver’s license and provide you with a receipt for it, along with transporting you for a certified blood test to determine your BAC. This receipt may be accepted as a license until you have an initial hearing, at which time it will be suspended, if not done before hand by the Bureau of Motor Vehicles. If you are arrested for an OWI/DUI, it is in your best interest to contact an Indiana DUI attorney. Among other things, a seasoned criminal lawyer can assist you with bonding out of jail, getting your license back as quickly as possible, and analyzing everything from the police stop to the blood draw to ensure the proper procedures were followed.
In some cases, where a DUI charge involves a great many complex police and medical tasks, a good legal defense may involve hiring experts in order to be done correctly. With this, a DUI attorney Indianapolis will be able to effectively present the strengths and weaknesses of your case such that you can make an informed decision as to whether you should negotiate a plea to the charge itself, or a lesser crime such as to reckless driving, or take the case to a trial.
Most of us understand we have a Fifth Amendment privilege against self-incrimination. This means in any civil matter, administrative proceeding, or criminal context, we can choose to assert our Fifth ...