DUI Defense Strategies: Protecting Your Rights in Indianapolis
In Indianapolis, it is against the law to operate a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. You will be convicted of DUI if you are proven guilty of operating a vehicle with a BAC of 0.08% or higher. A DUI conviction can result in harsh penalties. If convicted of DUI for the first time, the penalties include a fine of up to $5,000 and a jail term of up to one year, depending on the BAC level. Your license will also be suspended, and you may be required to install an ignition interlock device in your vehicle. That said, it is crucial that if you are facing DUI charges in Indianapolis, you remember that being charged with a crime does not automatically mean you’ll be convicted. If you are facing DUI charges in Indianapolis, a qualified defense attorney can help defend you against your charges and do everything in their power to help you avoid or minimize the consequences of a conviction. An attorney can help safeguard your rights throughout the criminal process.
Common DUI Defense Strategies
If you are facing DUI charges in Indianapolis, there are several ways an attorney can help you defend yourself. However, the exact defenses your attorney uses will depend on the specifics of your case. That said, the following are some of the most common DUI defense strategies used by Indianapolis DUI defense attorneys:
Challenging the Legality of the Traffic Stop
In Indianapolis, a police officer cannot stop you if they do not have a reasonable basis to believe that you have broken a traffic law or other law. If, for instance, the officer who stopped you witnessed you running a red light or stop sign, speeding, or violating another traffic law, they had the right to stop you. An officer cannot stop you based on a “hunch” or a guess. If the officer who pulled you over had no reasonable basis for doing so, your defense attorney could file a motion to have evidence obtained during the traffic stop suppressed.
Disputing Certified Breath Test Results
While certified BAC test results are often accurate, there are times when these results are inaccurate. Your defense attorney can help you identify issues with the breathalyzer device or the test results.
The following are some of the reasons certified breath test results may be inaccurate:
- An inadequately trained officer conducted the test
- The breathalyzer device was improperly calibrated
- The time between the stop and the test being administered was excessive
Disputing the Validity of the Field Sobriety Test Results
Field sobriety test results may be invalid or inaccurate for many reasons. For example, if a test was improperly administered or the officer failed to follow the NHTSA guidelines when administering the test, your attorney could dispute the accuracy of the test results. Also, if you have a health condition that could have impacted your performance, your defense attorney can use your condition as a defense.
Contact an Indianapolis DUI & OWI Lawyer
If you are facing DUI charges in Indianapolis, it is best to consult with a qualified defense lawyer who can help you determine the best defense strategy for your specific case. Our skilled Indianapolis DUI & OWI lawyer at Rigney Law LLC can evaluate your case and help you develop a solid defense strategy. Contact us today to schedule a consultation.
