What Are the Defenses to DUI in Indianapolis?

Getting arrested for DUI can be scary. One minute you’re leaving a club and the next you’re being off to jail in handcuffs. Your car is left on the side of the road to be towed. You pray that someone answers their phone in the middle of the night to come bail you out.

That is the scene in Indianapolis most weekends. Despite the dangers of drunk driving, dozens of people get arrested every weekend for DUI in Indianapolis. Whether they drank too much or are under the influence of drugs, a DUI charge can be quite serious.

If you’re arrested for DUI, there are a few things you have to do. First, don’t admit to anything. Anything you say can and really will be used against you. Second, call a DUI defense lawyer in Indianapolis.

Your lawyer can review your case and see if you have a valid defense to the charges. He can talk to the prosecutor and try to get the charges reduced or dismissed.

If you would like to know more information about if a DUI attorney can help you beat a breathalyzer test, view this page.

Your DUI Defense Lawyer Knows the Law in Indianapolis

If you get pulled over and the police officer suspects you of drinking and driving, he’s going to do two things. First, he’ll subject you to a field sobriety test. Second, he’s going to ask you to take a breathalyzer.

A lot of people think they can refuse to take the tests. Technically, you can. However, by refusing to take the breathalyzer, your license will automatically be suspended for one (1) year. This is the case even if you aren’t convicted of the DUI.

After you take the tests, the officer will make an assessment as to whether you’re under the influence. This can be for drugs or alcohol. If you are deemed to be impaired, you’ll be arrested and charged with DUI.

DUI for alcohol is when you’re caught driving with a blood alcohol content (BAC) of at least .08. However, the cops can arrest you if you seem impaired. So, even if your BAC is low, if you can’t pass the field sobriety test, you can still be charged.

Are there Defenses to DUI in Indiana?

If you are charged with DUI, there are possible defenses. Depending on your situation, your DUI defense lawyer may be able to get the charged dismissed. Some of the most common DUI defenses are discussed here.

You Can Challenge the Legality of the Traffic Stop:

One of the most popular ways to challenge a DUI is to challenge the traffic stop. In order to pull you over, the police must have a reason to suspect that you’ve committed a crime. They can’t pull you over randomly. They also can’t conduct a pre-textual stop.

A pre-textual stop is when the cops pull you over based on the type of car you drive. It can also include them pulling you over based on your age, race or sex. 

If the legality of the traffic stop isn’t lawful, your case has to be dismissed. This is because the evidence obtained after the stop is deemed inadmissible.

You Had a Legitimate Reason for Performing Poorly on the Field Sobriety Test

There are lots of reasons why you may fail a field sobriety test. You could be tired or sick. You may even have a physical condition that prevents you from completing it.

Your lawyer can raise this defense in court. He can use the police report and video of the test to show that you told the officers of this condition. He can also use proof from a doctor that you have a certain medical condition.

The Breathalyzer Wasn’t Properly Calibrated

There are certain requirements for a police department when it comes to their breathalyzer tests. They need to make sure their machine is properly calibrated. They also have to ensure that their portable breathalyzers are accurate.

Your DUI defense lawyer can demand copies of the department’s maintenance and calibration records. If there are any discrepancies or issues with the test, he can challenge the reading. This would mean the court will likely dismiss your case.

Contact a DUI Defense Lawyer in Indianapolis Today

If you’ve been charged with DUI in Indianapolis, you need to contact a DUI lawyer today. There isn’t a lot of time before your initial court appearance. You want to give your DUI defense lawyer in Indianapolis plenty of time to prepare.

Your lawyer will reach out to the prosecutor and see if he’s willing to drop the charges. He can also ask if there is a plea to a lesser offense such as a wet reckless.

Call and schedule your initial consultation today. There is a lot at stake and you need an experienced attorney by your side.

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With over 25 years of experience, Rathburn Law is your ideal choice. If you or a loved one is facing a DUI charge, Reach out to us today!