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The most important evidence collected by law enforcement at the time of a DUI arrest is a driver’s blood alcohol concentration (BAC). This numeric piece of data is the main prosecution tool used to prove guilt in intoxicated driving cases. In Indiana, the legal limit for blood alcohol is 0.07 percent. This means anyone caught driving with a 0.08% BAC is subject to DUI charges and subsequent penalties.To determine a person’s blood alcohol level, certain tests are administered by both law enforcement and licensed clinicians, at the time of, and shortly after an arrest. These include blood testing, urine testing, field sobriety tests, and the most commonly known, breath tests.

When you are facing DUI charges in Indiana, turn to David E. Lewis, Attorney at Law, to build you a tough defense and get you the fairest results possible in court. He understands the urgency behind preserving driving privileges, employment, and more, which is why he fights tooth and nail to win you back the freedoms you deserve. He is the tough and experienced Indianapolis criminal defense lawyer that will stop at nothing to protect and preserve your constitutional rights. Call The Law Office of David E. Lewis at 317-636-7514 to discuss your DUI rights and recent charges in Indiana.
INDIANA IMPLIED CONSENT LAW
It is an Offense to Refuse a Chemical Test in Indiana.
Penalty = Instant Automatic 1 Year License Suspension.

In Indiana, every driver that is legally licensed automatically agrees to a legal obligation called “implied consent.” This means licensed drivers agree to surrender to alcohol testing by a law enforcement officer if requested. Refusal to submit to alcohol testing is an offense that results in an automatic 1 year drivers’ license suspension, effective immediately at the time of arrest, and then will also subject them to SR22 high risk auto insurance for 3 years following the arrest. This happens whether a person is guilty or not of intoxicated driving.

If you have refused a chemical test, or was recently arrested for a DUI in Indiana, call Attorney David E. Lewis at 317-636-7514 to protect your rights and secure your future. He will ardently challenge your test results, along with every single other aspect of your charges, to win you a better-quality outcome in court.


Types of Indiana Chemical Testing:
(1) BREATH TESTS
The most common chemical test for DUI stops is the breath test. Generally, to measure a person’s blood alcohol level by means of breath, a device called a breathalyzer is used. The most popular breathalyzer device used by law enforcement is the Intoxilyzer 8000, which measures alcohol levels from deep within the lower stomach, then enters that data into a formula to calculate the alcohol concentration in a person’s blood.

Just because a person “fails” a breathalyzer test, they are not automatically doomed to a DUI conviction. There are several defenses for breath tests, and an experienced and aggressive DUI lawyer can use these defenses effectively.
Possible Defenses for Breath Tests Include:
(2) FIELD SOBRIETY TESTS
In place of using a using a device, law enforcement officers might ask drivers suspected of inebriation to step outside of their vehicles to undergo three field sobriety tests. These 3 tests are standardized, and specially designed to gauge a person’s balance, coordination, and overall driving ability. This does not, however, provide actual BAC evidence since neither blood, urine, or breath is tested.
Common DUI Field Tests Include:
Walk and Turn – The police officer will ask the driver to take 9 heel-to-toe steps, turn on one foot, and walk 9 steps back the same way. This test is meant to gauge balance, coordination, and ability to follow instruction.

Horizontal Gaze Nystagmus – The police officer will administer this test with the help of his flash light. By shining the light in the driver’s eyes, the officer can look for side-to-side jerking of the iris, an apparent indicator of intoxication. He will mask this intention by simply asking the driver to follow the light with their eyes.

One Leg Stand – The police officer will ask a driver to stand with both feet and legs together and arms directly at their side, and then lift one leg 6 inches from the ground and hold that position. Just like the “walk and turn” test, this is intended to measure coordination, balance, and how well a person can follow instructions.
(3) BLOOD TESTS
It requires blood, urine, or breath to get a reading for a person’s blood alcohol content. If a breath test doesn’t pan out for the arresting officer, they may ask drivers to submit to a different blood alcohol test. In this case, a driver suspected of inebriation will be transported to a clinic, or a jail staff nurse will be called in, to take an actual blood sample from the driver. If a driver causes death or bodily injury, an officer has the legal right to use reasonable force to get a blood sample even if they refuse. Although this is considered to provide the most concrete proof of a person’s intoxication, there are still flaws that can occur and be defended against.
Possible Flaws in Blood Testing:
Blood Alcohol Level Chart
Several variables influence a person’s blood alcohol content. These variables include weight, number of drinks, type of alcohol, gender, and the amount of time consumption took place. There are several BAC calculators you can use to determine what your potential blood alcohol concentration limit would be, but the best method is to never drink and drive. The chart below is just a generalization, and should not be interpreted as exact or official values.


One Drink is Equivalent to 12 Ounces Beer, 5 Ounces Wine, or 1.5 Ounces Liquor
____________________# OF DRINKS___________________________
WEIGHT 1 2 3 4 5 6 7 8 9
100 lbs. 0.032 0.065 0.097 .0129 .0162 0.194 0.226 0.258 0.291
120 lbs. 0.027 0.054 0.081 0.108 0.135 0.161 0.188 0.215 0.242
140 lbs. 0.023 0.046 0.069 0.092 0.115 0.138 0.161 0.184 0.207
160 lbs. 0.020 0.040 0.060 0.080 0.101 0.121 0.141 0.161 0.181
180 lbs. 0.018 0.036 0.054 0.072 0.090 0.108 0.126 0.144 0.162
200 lbs. 0.016 0.032 0.048 0.064 0.080 0.097 0.113 0.129 0.145
220 lbs. 0.015 0.029 0.044 0.058 0.073 0.088 0.102 0.117 0.131
240 lbs. 0.014 0.027 0.040 0.053 0.067 0.081 0.095 0.108 0.121

Breathalyzer Errors and Possible Defenses
There are several errors that can cause a breathalyzer to read a higher BAC level than it should. A tough DUI crimes attorney knows these sources of error and can use them in their investigation to challenge chemical tests and additional DUI allegations. David E. Lewis is that DUI attorney, with the skills, drive, and determination to fight your DUI charges and win you back the freedoms you deserve. Call his law office at 317-636-7514 for a FREE CASE EVALUATION today.
Possible Sources of Error in DUI Chemical Testing Include:
  1. Dentures / Dental Implants “Mouth” Alcohol
  2. Breath Came From Lungs, Not Lower Stomach
  3. Diabetics / Borderline Diabetics
  4. Higher Hematocrit Percentages*
  5. Belching / Hiccupping Before and During Test
  6. Officer Repeatedly Demands to “Breath Harder”
  7. Invalid Inferences on the Blood / Breath Partition Ratio
  8. Test Administered During “Absorption Period”
  9. “Air Blank” Test
  10. Failure to Purge Device Thoroughly
  11. Heartburn / Acid Reflux
  12. Alveolar Air
  13. Fever
Don’t become a victim of over-penalization for a DUI charge in Indiana. Call Attorney David E. Lewis at 317-636-7514 to protect your freedoms and pursue the fairest possible outcome for your case. One enlightening phone call can instantly place you in a more favorable legal position, but time is not on your side! Act TODAY and secure your rights with the guidance and support of a true industry expert.



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