If you were pulled over recently for a DUI, submitted to testing for alcohol, or were arrested for DUI (driving under the influence), keep reading to find out more about the DUI testing requirements in Indiana, and when you should be calling an Indianapolis DUI defense Lawyer. Your Indiana breathalyzer test results could be crucial to your case.
If you were charged or arrested for a DUI, call DUI Lawyer Indianapolis today at 317-517-9002. You can also reach us via our contact form online.
Taking a DUI Breath Test in Indianapolis, IN
Just about all of us have seen breathalyzers on TV or in a movie. The actor or actress is pulled over by the cops, taken to the station, and then asked to take a DUI breath test. The person then blows air into a mouthpiece, the officer reads the result to determine whether the person is sober or intoxicated. But this is not always how it happens in real life.
When a law enforcement officer pulls over a vehicle and has “probable cause” to believe a driver is drunk or intoxicated, the police officer might ask the person to take a breathalyzer test. Before the test is performed, the police officer must read the Implied Consent Law to the person, which states that if the driver refuses any of the tests that the officer offers, their driving privileges are going to be suspended (for one year), with a few exceptions, when the person is able to successfully challenge this refusal.
If you are pulled over and a police officer offers you a breathalyzer test, and you make the decision to refuse, the chances are high that you will be offered a blood draw, or a warrant will be requested to draw blood, so refusing is usually not a good option.
If you have agreed to perform a breath test, this may be done at a police station and on a machine that is certified, following a set of highly specific instructions. For example, before a DUI test can commence, the police officer is required to observe the driver (test subject) for 20 minutes before administering the breath test. The breathalyzer should also be given within 3 hours after the officer has suspected that the driver was operating the vehicle while intoxicated.
What Factors Contribute To BAC (Blood Alcohol Content)?
There are a few important factors that can affect the BAC of a person whether they are a novice or alcoholic. These factors include:
- The alcohol type that was consumed
- The time frame over which the alcohol was consumed
- The gender of the person
- The stomach content of the person
- The body weight of the person
- The quantity that was consumed
If a police officer can smell alcohol, you can be sure you will be arrested. But the smell of alcohol does not correlate to intoxication. It is not against the law to “drink and drive”. But you are breaking the law when you are over a “per se” limit or when you are intoxicated. An experienced DUI Lawyer in Indianapolis has experience and skills on how to make these distinctions.
The OWI laws In Indiana, prohibit motorists from getting behind the wheel of a vehicle:
- When their BAC (blood alcohol concentration) is 0.8% or higher
- With a schedule I or II controlled substance of any amount in their systems, or
- While intoxicated by alcohol or drugs
What Is Implied Consent In Indiana?
The state of Indiana observes the “implied consent” law when it comes to chemical tests. If you are ever arrested for driving under the influence or drunk driving, you have given implied agreement when it comes to submitting to chemical tests. These tests involve analysis of either your urine, breath, or blood.
Police officers are entitled legally to request that you take one or all of the above-mentioned tests. At the same time, “implied consent” holds even when you are unconscious, which means the law enforcement personnel are not required for you to be awake before they perform analysis through urine or blood tests.
What Will Happen If I Take The Test And Fail?
If you are given a breath test and you blow over a per-se limit, it is important to know that the State is still required to prove that results from the test are reliable and accurate. There is also a provision while you await trial so that you can obtain “specialized driving” privileges, which won’t be made available to you should you refuse any of these tests. This is why you will need a skilled and experienced DUI lawyer to assist you with fighting these charges and to help you retain your license.
What Will Happen If I Refuse An Indiana Breathalyzer Test?
You can choose to refuse a breath test so that the police officer does not have concrete evidence that you were driving under the influence. Even if this is the case, you need to understand that you will still be faced with significant legal consequences. The law in Indiana dictates that anyone that refuses a chemical-intoxication test will have their license suspended for a year if it is their first offense. If you already have a previous OWI on record, you could have a suspension on your license for up to two years.
If your license was suspended due to refusing a Breathalyzer test, you will be entitled to a hearing. The hearing is required to occur within 20 days after the arrest occurred.
You Need A DUI Defense Attorney
Even when you were asked to take either a urine, breath, or blood test, the results from these tests don’t mean that you will be convicted of a DUI. You have rights within the legal system. Depending on the circumstances surrounding your arrest or traffic stop, your lawyer might find a way to have the evidence dismissed or thrown out, and if you are lucky they may even be able to get your entire case dismissed.
Police officers are also prone to making mistakes, and the judgment of an officer isn’t infallible. The legal team at DUI Lawyer Indianapolis has the skills and experience to get OWI charges dismissed, and all the ways that evidence might be falsely indicating that you are guilty.
Although a breath test is not regarded as accurate and reliable as blood samples, the results usually provide a “general estimate” of BAC through the provided breath sample. However, these tests are subject to errors, since the amount of alcohol that is exhaled from the lungs of the person could vary which is caused by several factors. Some of these include respiration rate and body temperature. Therefore, the results that these tests provide can also be faulty.
If you are arrested, you should contact a criminal defense lawyer as soon as you can. Anything that you have said without a lawyer present could potentially put holes in your case or it could prove that you are guilty. You will need a dedicated lawyer by your side.
Contact DUI Lawyer Indianapolis Today
OWI or DUI charges can be accompanied by pretty serious penalties. If you believe you were accused wrongly of being drunk or intoxicated, you will need a seasoned attorney to defend you on your behalf. With DUI Lawyer Indianapolis, you will receive the most reliable possible defense to support your DUI case. Our attorneys at Rathburn Law will review your case thoroughly to find any errors. To book a consultation, feel free to call 317-517-9002, or complete our online form.
