Indianapolis DUI Breath Test

Taking a DUI Breath Test in Indianapolis Indiana

In order to determine if you are drunk, police will seek to  administer a certified breath test. The test will show your BrAC.  BrAC stands for Breath Alcohol Concentration, which is similar to Blood Alcohol Concentration (BAC)The test shows your BAC. BAC is blood alcohol concentration.

You will blow into a tube. The tube is attached to a machine. The machine will show how much alcohol is in your blood. A BrAC of .08 is the per se limit for most vehicles and people in Indiana.  Minors can be charged with a BrAC of only .02.  A commercial driver can be charged with a BrAC of .04

What Factors Contribute to BAC?

There are six factors the affect your BAC if you’re an alcoholic or novice.  Those factors are:

  1. The type of alcohol you consumed.
  2. The quantity you consumed.
  3. The time over which it is consumed.
  4. Your gender.
  5. Your body weight.
  6. Your stomach content.

If an officer smells alcohol, you are going to get arrested.  But odor of alcohol has no correlation to intoxication.  It is not illegal to drink and drive.  It is illegal to be over the per se limit or to be intoxicated.  Your experienced DUI defense attorney knows how to make those distinctions.

Implied Consent in Indiana

DO NOT REFUSE TO TAKE THE CHEMICAL TEST. Indiana penalties for refusing to take a chemical test are the harshest in the United States. If you refuse the penalty can be up to a 2-year suspension without specialized driving privileges or hardship restricted license.

What if I Take the Test and Fail?

If you take the test and blow over the per se limit, the State still has to prove that the test results are accurate and reliable.  There are provisions while awaiting trial for you to get specialized driving privileges, that are not available if you refuse the test.  That’s why you need an experienced DUI attorney to help you fight these charges and keep you driving.

You Need a DUI Defense Lawyer

Whether you take or refuse the breath test, you should call a lawyer. If you are being faced with a class “C” misdemeanor, check out class C misdemeanor for Indianapolis. You are going to face legal issues. You now have an OWI charge against you. You have also lost your license.  The laws are not on your side. Drunk driving is a dangerous crime. The courts take it seriously. You need a good DUI lawyer to help you. Call Rathburn Law Offices for a free consultation.[/cta]