Defenses in Indiana DUI Cases
Charges for intoxicated driving in Indiana need to be taken extremely seriously since convictions can result in harsh consequences. Impaired driving as a result of substance or alcohol use in Indiana is typically charged under IC 9-30-5-1 for operating a vehicle while intoxicated, formerly known more commonly as a DUI. The level of the criminal offense will depend on whether the person has a prior convictions, the amount of the alcohol or the type of substance in the person’s blood, as well as other factors such as whether the person caused any bodily injury to another party, or drove with a minor as an occupant in the vehicle. Such additional factors can result in felony charges as opposed to misdemeanor charges. Even when a DUI is charged as a misdemeanor, however, a conviction can still result in substantial monetary fines and jail time. In addition, if you drive for a living in any capacity, your professional standing could be impacted.
Accordingly, if you are facing DUI charges, you need to build a strong defense. The best defenses in Indianapolis are those that are tailored to the specific facts of each person’s case. In other words, there is no single one-size-fits-all defense that will be applicable to all cases. Instead, you will want to work with an experienced and aggressive Indianapolis DUI defense attorney to develop a defense strategy based on the facts of your case. In the meantime, we can provide you with more information about some of the more common defenses that can be relevant in intoxicated driving cases in the Indianapolis area.
Defective Breathalyzer
Breathalyzer tests are not always accurate. The machines can be defective, or officers who administer these tests may not have appropriate training. Whether there is something wrong with the breathalyzer machine or the law enforcement officer who administered it, you may be able to argue that your breathalyzer results are not reliable. Without breathalyzer results, the prosecution may not have enough evidence to proceed with the case against you and the charges could be dropped.
Prescription for a Controlled Substance
If the alleged offense is based on having a particular controlled substance in your blood, rather than the consumption of alcohol, it may be a defense if you have a valid prescription for the substance. It will depend on the type of substance and if any other indicators of intoxication were alleged to have been observed by the police, so you should be sure to discuss this potential defense with an attorney.
Constitutional Violation
When you are stopped on suspicion of a DUI/OWI, and when a law enforcement officer places you under arrest and administers a breathalyzer test or orders a blood test, you have constitutional rights. If the officer violates your constitutional rights at any point during this process, it is possible that the case against you could be dropped. Common constitutional violations in DUI/OWI arrests in Indiana include 4th Amendment violations where an officer does not have reasonable suspicion for a stop or probable cause for a search.
Contact Our Indianapolis DUI Defense Lawyers Today
If you are facing DUI-related charges of any type, it is critical to begin working with a lawyer as soon as possible to build a strong defense that is tailored to the facts of your case. An experienced Indianapolis DUI defense attorney at Rigney Law LLC to discuss the details of your case and to begin working on a defense strategy.
Source:
iga.in.gov/laws/2024/ic/titles/9#9-30-5-1
