If you are arrested for DUI in Zionsville, Indiana, it is important to act quickly to avoid the potentially severe consequences of a conviction. A DUI conviction can result in jail time, heavy fines, license suspension or revocation, and damage to your education and career opportunities. An experienced Zionsville DUI defense lawyer can help you avoid or minimize these consequences.
While a DUI charge may be daunting, it is important to remember that a conviction is not guaranteed. The first step in achieving the best possible outcome is to secure skilled legal representation. A qualified DUI defense attorney will work diligently to create a strong defense, poking holes in the prosecution’s arguments and discrediting evidence as needed.
The team at DUI Lawyer Indianapolis has several years of experience defending clients against DUI charges. If you are facing DUI charges, do not hesitate to call our DUI defense attorney in Zionsville at 317-517-9002 to learn more about how we can help you protect your rights, freedom, and future.
What Is the BAC (Blood Alcohol Content) Limit in Indiana?
In the state of Indiana, it is illegal to operate a vehicle with a blood alcohol content (BAC) of .08% or higher. This limit applies to adult drivers aged 21 and above. For those below 21, the legal limit is .02%.
There are certain factors that can affect a person’s BAC, including their weight, the type of alcohol they’re drinking, and how quickly they’re drinking it. For this reason, it’s important to be aware of these factors before getting behind the wheel. If you are pulled over by law enforcement and your BAC is above the legal limit, you may face severe penalties, including jail time, fines, and the loss of your driver’s license.
What Penalties Can I Face for a DUI in Indiana?
The penalties for a DUI depend on several factors, including your BAC level, whether you have any prior offenses, and whether anyone was injured as a result of your driving.
First Offense
A first-time DUI offense is a Class C misdemeanor in Indiana. The potential penalties for this offense include up to 60 days in jail, a fine of up to $500, and a suspension of your driver’s license for 90 days to two years. Note that a conviction will go on your record permanently.
Second Offense
A second DUI offense in Indiana is no laughing matter. If you are caught driving under the influence for a second time, you could be facing some serious consequences. These include a prison sentence of up to 3 years, a fine of up to $10,000, and a license suspension of up to 2 years. You will also be required to complete 180 hours of community service.
Can I Refuse a Breathalyzer Test in Indiana?
If a police officer suspects that you are driving under the influence of alcohol, they may ask you to submit to a breathalyzer test. If you refuse to take the test, you could face serious consequences.
Indiana law requires you to submit to a breathalyzer test if you are pulled over on suspicion of drunk driving. If you refuse to take the test, your license will be suspended for one year. This penalty is doubled if you refuse the test a second time.
When you refuse, the police officer can confiscate your license on the spot. You may also be placed under arrest, even if you haven’t taken the breathalyzer. Additionally, a chemical test may be administered without your consent if the officer obtains a warrant to do so.
It is important to be familiar with your rights when you are pulled over by the police. Many people assume that they have to immediately pull over and do whatever the officer says. However, you have the right to ask why you were stopped.
You should also understand those police officers need to follow strict rules when administering a breathalyzer test. For instance, they must explain the consequences of refusing the test to you before administering it. If they fail to do so, the results of the test may not be admissible in court.
Implied Consent Laws in Indiana
Implied consent laws in Indiana require all drivers to submit to a chemical test if they are pulled over on suspicion of DUI. Failing to do so can result in a suspension of your driver’s license, even if you are ultimately found not guilty of DUI. These laws are designed to make it easier for police officers to obtain evidence of intoxication, but they have been criticized for violating the rights of drivers. Some believe that implied consent laws are unconstitutional because they force drivers to submit to a test without their consent. Others argue that the laws are necessary in order to keep roads safe.
If a police officer has reason to believe that a driver is intoxicated, the officer can request that the driver take a chemical test to determine his or her blood alcohol content (BAC). If the driver refuses to take the test, he or she is in violation of Indiana’s implied consent law and can be arrested.
Refusing to submit to a chemical test also comes with consequences. The driver’s license will be automatically suspended for at least one year. If the driver has a prior conviction, the license will be suspended for at least two years. Additionally, the driver will be disqualified from obtaining a hardship license. These penalties are in place to discourage drivers from driving drunk and to keep our roads safe.
What is a Felony DUI in Indiana?
In Indiana, a DUI is classified as a felony if the driver has a previous conviction for DUI or if the DUI results in serious bodily injury to another person. A felony DUI is a very serious offense, and it can carry significant penalties, including prison time, large fines, and a driver’s license suspension.
In most cases, a first-time DUI offense is charged as a misdemeanor, but it can be enhanced to a felony if:
- it involves severe bodily injury or fatality
- the incident happened with a minor inside the vehicle
The following can also elevate the offense to a level 6 felony DUI:
- the driver had a BAC of .15% or higher
- the driver has two prior convictions
- the driver caused the death of a law enforcement officer
Common Defenses in DUI Cases
Despite the potentially grave consequences of a DUI conviction, there is still hope if you are facing charges. DUI Lawyer Indianapolis will help you get your case dismissed by employing one of several defense strategies. If successful, these strategies could lead to the dismissal of your case and help you avoid serious penalties. While no outcome is guaranteed, it is certainly worth fighting for your rights if you are facing DUI charges.
Lack of Probable Cause for The Stop
In assessing the circumstances of your stop and subsequent arrest, we will evaluate whether the proper procedure was followed. Not only should the police officer who stops you have a reasonable suspicion, but they should also have probable cause to arrest you. If they don’t have sufficient probable cause, then your case may be dismissed. Probable cause is a more specific standard than reasonable suspicion. The officer must have specific facts from which rational inferences could be made to prove that an individual is committing, has committed, or is about to commit a crime.
If the police officer did not have probable cause to arrest you, then any evidence that they obtained as a result of the illegal arrest (for instance, a blood test or breathalyzer results) may not be admissible in court. Thus, it is crucial to determine whether the police had probable cause to arrest you for DUI.
Challenging the Accuracy of Tests (breathalyzer Etc.)
There are many factors that can contribute to the accuracy of chemical tests, such as breathalyzers. First, the police officer must follow certain procedures when administering the test. For instance, the officer must explain the consequences of refusing to take the test, and give the suspect a second chance if they initially refuse. The test must also be completed within three hours after the subject is removed from the scene. If any of these procedures are not followed properly, the results of the test may be inaccurate.
Another factor that can affect the accuracy of a breathalyzer test is the type of machine that is used. There are two main types of breathalyzers: evidential and preliminary. Evidential breathalyzers are larger and more expensive than preliminary breathalyzers and are therefore more accurate. However, preliminary breathalyzers are more commonly used by police officers because they are smaller and less expensive. As a result, the accuracy of a breathalyzer test may be affected by the type of machine that is used.
Finally, human error can also play a role in the accuracy of chemical tests. For instance, if the person administering the test does not follow the proper procedure, or if they make a mistake when reading the results, this could lead to an inaccurate result. In addition, environmental factors such as wind or humidity can also affect the accuracy of these tests.
Due to all these factors, it is important to challenge the accuracy of any chemical tests that have been administered. By doing so, you may be able to prove that you were not actually under the influence of alcohol, and avoid serious penalties.
How Can a DUI Defense Attorney In Zionsville Help Me?
If you have been accused of driving under the influence (DUI), you may be feeling scared and alone. The consequences of a DUI conviction can be serious, including jail time, fines, and a loss of your driver’s license. But you don’t have to face these charges alone. An Indiana DUI defense lawyer can help you navigate the legal process, protect your rights, and fight for the best possible outcome in your case.
Schedule a Consultation with the Best DUI Lawyer in Zionsville, Indiana
DUI Lawyer Indianapolis knows how to challenge the evidence against you. For example, if the police did not have probable cause to pull you over or if the breathalyzer test was administered incorrectly, we can use this to your advantage. We will also make sure that you understand the charges against you and all of your legal options. With an experienced DUI defense lawyer on your side, you will have a much better chance of achieving a favorable outcome in your case. Contact us today at 317-517-9002 for your free consultation.
