An OWI charge (operating while intoxicated) can quickly turn your life upside down. The consequences are severe and long-lasting. It’s critical to retain an experienced Indianapolis DUI lawyer to defend you.
We’ll explain some key strategies that an experienced DUI attorney can use to potentially get your charges reduced or dismissed.
Understanding Indiana DUI Laws
Operating a vehicle while under the influence of alcohol or drugs is a serious offense in Indiana, with severe penalties that can impact your driving privileges and personal freedom.
In Indiana, the legal blood alcohol concentration (BAC) limit for drivers over 21 years old is 0.08%. For drivers under 21, any level of alcohol detected in their system could lead to an OWI charge. Additionally, commercial drivers face stricter regulations with a BAC limit of 0.04%.
Understanding Indiana DUI laws is just one piece of the puzzle when it comes to mounting an effective defense against an OWI charge. The most important one is having proper legal representation.
These are the most common defenses an Indianapolis DUI attorney will use in your case.
1. Insufficient Probable Cause for Being Pulled Over for DUI Check
When it comes to being pulled over for a DUI check in Indianapolis, one of the most effective defenses you can use is challenging the probable cause for the traffic stop. In order for law enforcement to pull you over, they must have sufficient reason to believe that you were driving under the influence.
However, there are instances where officers may not have had enough probable cause to justify stopping your vehicle. For example, if they pulled you over based solely on an anonymous tip without any corroborating evidence or observed behavior, this could be deemed insufficient grounds for a DUI check.
Another scenario where probable cause may be lacking is if law enforcement made a mistake in identifying your vehicle. If they mistakenly believed that your car matched the description of a suspected intoxicated driver when it did not, then their decision to pull you over would also be called into question.
By challenging the grounds for arrest, an experienced DUI defense lawyer may be able to get your OWI charge reduced or even dismissed altogether.
2. Inadequate Administration of Field Sobriety Tests
Field sobriety tests are commonly used by law enforcement officers to determine if a driver is under the influence of alcohol or drugs. These tests are designed to assess a person’s coordination, balance, and cognitive abilities. However, there are instances where these tests may be inadequately administered, leading to inaccurate results.
One common issue with field sobriety tests is the lack of proper training for the administering officer.
Another potential problem with field sobriety tests is external factors that can affect your ability to perform them accurately. For example, uneven pavement or poor lighting conditions can impact your balance during a test like the one-leg stand or walk-and-turn test.
Additionally, certain medical conditions or physical limitations can also interfere with your performance on field sobriety tests. If you have a pre-existing condition that affects your balance or coordination, it could lead to false-positive results.
3. Poorly Calibrated Breathalyzer Device
When facing an OWI charge in Indianapolis, one potential defense strategy is to challenge the accuracy of the breathalyzer device used by law enforcement. A poorly calibrated breathalyzer can lead to inaccurate blood alcohol concentration (BAC) readings, which may result in wrongful charges.
In many DUI cases, law enforcement relies heavily on the results of a breathalyzer test to determine a driver’s level of intoxication. However, these devices require regular maintenance and calibration to ensure accurate readings.
If it can be proven that the breathalyzer used during your arrest was not properly calibrated or maintained according to established protocols, it could cast doubt on the validity of your BAC results.
An experienced DUI attorney in Indianapolis will thoroughly examine all aspects of your case including how the breathalyzer device was handled and maintained by law enforcement. If there are any irregularities or discrepancies found, they can use this information as part of their defense strategy.
4. Improper Search of Your Vehicle
If you are facing an OWI charge in Indianapolis, an effective defense strategy revolves around the improper search of your vehicle.
Law enforcement officers must have a valid reason or probable cause to conduct a search of your vehicle without a warrant. If they fail to establish sufficient probable cause, any evidence obtained during an illegal search may be deemed inadmissible in court.
Additionally, if law enforcement did not follow proper procedures during the search, such as failing to obtain your consent or conducting an overly intrusive search without justification, this can also weaken their case against you.
Call an Experienced Indianapolis DUI Attorney for Your OWI Charge!
Facing an OWI charge in Indiana is daunting. However, there are several effective defenses available that can help protect your rights and achieve favorable outcomes. A lawyer will analyze your case and identify the best defense in your specific situation.
By enlisting the services of an experienced Indianapolis DUI defense lawyer, you greatly increase your chances of having those charges reduced or even dismissed entirely. Call the Rathburn Law Office at 317.671.8965 today!