If you get stopped for DUI, the best thing for you to do is call an experienced Indiana DUI lawyer. They’ll handle your case from the moment you’re arrested until your case is resolved. Their goal is to poke holes in the prosecutor’s case and to provide you with a solid defense. The type of defense will depend on the facts of your case.
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Every Case is Unique – It Depends on the Evidence
It’s hard for any Indiana DUI lawyer to tell you right away if the State’s case is good. It all depends on the facts surrounding your case. It also depends on your BAC level. If you blew a .12, it’s going to be hard to prove that you weren’t intoxicated. The same goes for the field sobriety test. If you fell over or couldn’t walk straight, even the best Indiana DUI lawyer will have a hard time convincing a judge or jury that you were sober.
Your Indiana DUI Lawyer Can Show that the Stop Was Unlawful
One of the best ways to beat your DUI charges is to show that the traffic stop was unlawful. If they can do that, the judge will have to exclude any evidence collected during the stop. This includes the breathalyzer test, the field sobriety test and any searches that were conducted. Your Indiana DUI lawyer will try to show the initial stop was unlawful in order to get the charges reduced or dismissed. However, since the cops only need to show reasonable suspicion to stop the vehicle, this defense can be tricky.
The Breathalyzer May Have Been Inaccurate
One of the first things a cop will ask you to do during your DUI stop is to take a breathalyzer test. This is a little machine that can measure your blood alcohol content (BAC). If it’s over .08, you’ll be considered over the legal limit and you’ll be arrested. Even if it’s close, about .06 or .07, they may still arrest you. It’ll depend on how you perform on the field sobriety test. The thing with these machines is that they aren’t always accurate. It may not have been calibrated properly. Or the machine itself could have been faulty. Your Indiana DUI lawyer will submit the results of the test to an outside agency to see if it was accurate or not.
Your Field Sobriety Test May Have Been Administered Improperly
There’s nothing wrong with a police officer asking you to undergo a field sobriety test (FST). Most of the time, the cops administer the test properly. It’s not their goal to arrest innocent people. They want to make sure the people they arrest for DUI are truly driving while under the influence. However, there are times when the FST is not administered fairly. Or the conditions at the time of your traffic stop are not amenable to a fair test.
For example, if it’s raining, sleeting, or snowing, you’re not going to perform well on the test regardless of how sober you may be. The same is true if you have a medical condition that prevents you from doing the test. You may have vertigo. If this is the case, you’ll have a very difficult time performing almost any of the test’s elements. Your Indiana DUI lawyer will review the video of the test and see if it was lawful or not.
If You’re Charged with DUI Call and Talk to a Skilled Indiana DUI Lawyer Today
When it comes to DUI cases, judges have heard every excuse in the book. So have prosecutors. In order to get your charges reduced or dismissed, you’re going to need to have the law on your side. The best way to do that is to hire an experienced Indiana DUI lawyer right away. If your attorney is there for your arraignment, the prosecutor will know you aren’t going to roll over and plead guilty. There are times when defendants weren’t treated fairly. Every now and then, innocent people are charged with crimes. It’s your lawyer’s job to poke holes in the State’s case and provide you with the best possible outcome.
In order for this to happen, you’ll want to call our office as soon as possible after your arrest. Your first court appearance will take place within a day or so after you’re arrested. This first hearing will set the tone for your entire case. Don’t put yourself at a disadvantage. Call and speak with one of our skilled Indiana DUI lawyers and set up a time to meet with one right away.