Indiana Field Sobriety Tests: What to Know Before it Happens to You

Posted on October 6, 2025 by admin

Getting pulled over for suspected DUI can be overwhelming and confusing. Understanding your rights and what to expect during field sobriety tests in Indiana can make a significant difference in protecting yourself during this stressful situation.

Field sobriety tests (FSTs) are physical and cognitive exercises used by law enforcement officers to assess whether a driver is impaired by alcohol or drugs. These tests serve as tools to help officers establish probable cause for a DUI arrest. The Indiana Criminal Justice Institute reports that over 25,000 DUI arrests are made annually in the state, making it essential for drivers to understand how these tests work and their rights regarding them.

While these tests may seem straightforward, they involve complex legal considerations that can dramatically impact the outcome of DUI charges. Knowing what officers look for, how these tests can be challenged, and your rights during the process empowers you to make informed decisions if you ever find yourself in this situation.

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Standardized Field Sobriety Tests in Indiana

The National Highway Traffic Safety Administration (NHTSA) has established three standardized field sobriety tests that are widely used across the United States, including Indiana. These tests have undergone scientific validation and are considered more reliable than non-standardized alternatives.

Horizontal Gaze Nystagmus (HGN) Test

The HGN test involves an officer observing the involuntary jerking of your eyes as they follow a moving object, typically a pen or flashlight. During impairment, this natural jerking becomes more pronounced and occurs at smaller angles.

Officers look for three specific indicators in each eye: lack of smooth pursuit as the eye follows the object, distinct nystagmus when the eye is held at maximum deviation, and onset of nystagmus before the eye reaches a 45-degree angle. If four or more indicators are present, the test suggests impairment.

Walk-and-Turn Test

This divided attention test requires you to walk heel-to-toe along a straight line for nine steps, turn around using small steps, and return the same way. The officer provides specific instructions that you must follow precisely while maintaining your balance.

Officers watch for eight specific indicators of impairment: inability to maintain balance during instructions, starting before instructions are complete, stopping while walking, not touching heel-to-toe, stepping off the line, using arms for balance, making an improper turn, or taking the wrong number of steps.

One-Leg Stand Test

During this test, you must stand with one foot approximately six inches off the ground and count aloud by thousands until told to stop. The test typically lasts 30 seconds, during which the officer observes your ability to maintain balance while performing the mental task of counting.

Four indicators suggest impairment: swaying while balancing, using arms for balance, hopping to maintain balance, or putting your foot down. The presence of two or more indicators suggests impairment according to NHTSA standards.

Non-Standardized Field Sobriety Tests

Beyond the three standardized tests, officers sometimes administer additional tests that lack scientific validation. These non-standardized tests include the Romberg Balance Test, where you stand with feet together and head tilted back while estimating 30 seconds, and the Finger-to-Nose Test, requiring you to touch your nose with your fingertip while your eyes are closed.

Other non-standardized tests might include reciting the alphabet, counting backwards, or the Modified Position of Attention test. These tests are generally considered less reliable than standardized FSTs and may be more easily challenged in court due to their lack of scientific backing.

The reliability of these non-standardized tests is questionable because they haven’t undergone the same rigorous scientific validation as the three standardized tests. Courts may view results from these tests with more skepticism, particularly when challenging DUI evidence.

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Factors That Can Affect Field Sobriety Test Results

Many factors unrelated to alcohol or drug impairment can significantly impact your performance on field sobriety tests. Understanding these factors is crucial because poor performance doesn’t automatically indicate intoxication.

Medical conditions play a substantial role in FST performance. Inner ear problems, neurological disorders, leg injuries, back problems, and certain medications can all affect balance and coordination. Age and physical fitness also influence your ability to perform these tests successfully, as older individuals or those with mobility issues may struggle regardless of sobriety.

Environmental factors can create additional challenges during testing. Uneven surfaces, poor lighting, adverse weather conditions, or inappropriate footwear can all contribute to poor performance. Heavy traffic, flashing police lights, and the stress of the situation itself can also impact your ability to concentrate and perform the required tasks.

Weight distribution, fatigue, and even anxiety about the situation can cause someone to fail these tests despite being completely sober. Officers are trained to consider these factors, but they may not always account for every possible influence on your performance.

Your Rights Regarding Field Sobriety Tests in Indiana

Understanding your rights during a traffic stop is essential for making informed decisions. In Indiana, you have the right to refuse field sobriety tests. Unlike chemical tests such as breathalyzer or blood tests, FSTs are not covered under Indiana’s implied consent law.

Refusing field sobriety tests typically won’t result in automatic license suspension, unlike refusing a chemical test. However, refusal may provide officers with other observations to use as evidence of impairment, such as slurred speech, bloodshot eyes, or the smell of alcohol.

It’s important to distinguish between field sobriety tests and chemical tests. Indiana’s implied consent law means that by driving on Indiana roads, you’ve consented to chemical testing if arrested for DUI. Refusing a breathalyzer, blood test, or urine test after arrest can result in license suspension regardless of whether you’re ultimately convicted of DUI.

The decision to refuse FSTs should be made carefully, considering your specific circumstances. While refusal eliminates potentially incriminating evidence, it doesn’t prevent arrest if officers have other evidence of impairment.

Challenging Field Sobriety Test Evidence in Court

Field sobriety test results can be challenged in court through various legal strategies. An experienced DUI attorney in Indianapolis can examine whether your DUI te s ts were administered properly according to NHTSA standards, as deviations from proper procedure can render results unreliable.

Medical evidence can be particularly powerful in challenging FST results. Documentation of medical conditions, injuries, or medications that could affect performance provides alternative explanations for poor test results. Age, physical limitations, and other factors unrelated to impairment can also form the basis for challenging these tests.

Environmental conditions during testing can be scrutinized as well. Poor lighting, uneven surfaces, or distracting conditions may have contributed to poor performance. Video evidence from police dashcams or body cameras can be invaluable in demonstrating these challenging conditions.

The officer’s training and experience in administering FSTs can also be questioned. Proper certification and adherence to standardized procedures are essential for reliable results. Any shortcuts or deviations from established protocols can weaken the prosecution’s case.

In Summary

Knowledge of field sobriety tests and your rights provides valuable protection during DUI encounters. Remember that these tests are designed to gather evidence for prosecution, not to help you prove your innocence. Every interaction with law enforcement should be handled respectfully while protecting your legal interests.

If you find yourself facing DUI charges in Indiana, the evidence from field sobriety tests doesn’t guarantee conviction. These tests have limitations and can be challenged effectively with proper legal representation. Understanding your rights and the factors that influence FST results empowers you to make informed decisions during these critical moments.

The complexity of DUI law and the technical aspects of field sobriety tests require professional legal guidance to navigate successfully. An experienced DUI attorney can evaluate the specific circumstances of your case, identify potential defenses, and work to protect your rights throughout the legal process.

Don’t let confusion about field sobriety tests leave you unprepared. If you’re facing DUI charges in Indiana, contact our experienced legal team for a free DUI case evaluation. We’ll review the details of your case, including how field sobriety tests were administered, and help you understand your options for moving forward.

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Moving Forward: Essential Tips for Life After a DUI Conviction in Indianapolis

Posted on September 2, 2025 by admin

A DUI conviction can feel overwhelming, leaving you uncertain about what comes next. The legal consequences, potential employment challenges, and personal impact create a complex situation that affects multiple areas of your life. While this experience brings significant challenges, understanding your options and taking proactive steps can help you navigate this difficult period and work toward rebuilding your future.

Many people facing a drunk driving conviction in Indianapolis feel isolated and unsure where to turn for guidance. You’re not alone in this journey, and with the right information and support, you can move forward constructively. This guide provides practical advice for managing the immediate aftermath of your DUI conviction while exploring long-term solutions, including potential criminal record expungement options.

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Understanding DUI Laws in Indianapolis

Indiana DUI laws carry serious consequences that vary based on factors such as your blood alcohol content, previous offenses, and specific circumstances surrounding your case. A first-time DUI conviction typically results in license suspension ranging from 90 days to two years, fines up to $5,000, and possible jail time up to one year.

DUI penalties become more severe with subsequent offenses or aggravating factors like high blood alcohol levels or accidents involving injury. Understanding these potential consequences helps you prepare for what lies ahead and make informed decisions about your legal options.

The impact extends beyond immediate legal penalties. Indiana DUI convictions remain on your driving record for life and on your criminal record indefinitely unless you pursue expungement. This permanent record can affect employment opportunities, housing applications, professional licensing, and other aspects of your daily life.

Navigating Transportation Without Your License

License suspension following a DUI conviction creates immediate transportation challenges, especially in Indianapolis where public transit options may be limited in certain areas. Planning alternative transportation becomes crucial for maintaining employment, attending required court appearances, and fulfilling daily responsibilities.

Public Bus

Consider exploring IndyGo bus routes and schedules that connect to your workplace and essential destinations. The Red Line and other rapid transit options provide efficient transportation along major corridors. Many employers offer flexible work arrangements or carpooling opportunities when employees face transportation challenges.

Rideshare

Rideshare services like Uber and Lyft provide convenient point-to-point transportation, though costs can accumulate quickly with regular use. Some people find success combining different transportation methods—such as rideshare for time-sensitive appointments and public transit for regular commuting.

Specialized Driving Privileges

You may be eligible for specialized driving privileges or hardship licenses that allow limited driving for work, school, or medical appointments. Consulting with an experienced DUI attorney can help you understand these options and navigate the application process effectively.

Employment Considerations and Job Searching

A DUI conviction can significantly impact your current employment and future job prospects, particularly in positions requiring commercial driving, professional licensing, or working with vulnerable populations. Many employers conduct background checks, and being proactive about addressing your conviction demonstrates responsibility and integrity.

If your current job requires driving company vehicles or maintaining professional licenses, notify your employer promptly about any restrictions. Some companies offer alternative positions or accommodations while you fulfill court requirements and work toward license reinstatement.

When job searching, research company policies regarding background checks and criminal convictions. Many employers focus on recent convictions and job-related offenses, so positions not involving driving or sensitive responsibilities may remain available. Preparing an honest explanation that emphasizes the steps you’ve taken toward rehabilitation can help during interviews.

Professional licensing boards in fields like healthcare, education, and finance have specific procedures for handling DUI convictions. Contact your licensing board immediately to understand reporting requirements and potential consequences. Some boards offer remedial programs or probationary status rather than immediate license revocation.

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Community Support and Resources

Indianapolis offers numerous resources and support groups for individuals navigating life after a DUI conviction. These organizations provide practical assistance, emotional support, and connections with others facing similar challenges.

Indiana Alcoholics Anonymous provides support group meetings throughout Indianapolis for individuals recovering from alcohol addiction. Regular attendance demonstrates commitment to positive change and may be viewed favorably by courts and employers.

Indianapolis Al-Anon Family Groups offers support for families and friends affected by someone’s alcohol use. These meetings help repair relationships and build healthy support networks during recovery.

The Indiana BMV Driver Safety Program provides resources and programs specifically designed for drivers with DUI convictions, including defensive driving courses that may help with license reinstatement.

Indianapolis Legal Aid Society offers legal assistance and resources for low-income individuals navigating the legal system, including guidance on court requirements and legal obligations.

Additional resources include the National Safety Council Indiana Chapter, which offers defensive driving courses and safety programs, and the Indiana Addictions Issues Coalition, which advocates for addiction prevention, treatment, and recovery services.

Mental health and addiction recovery services are available through organizations like Adult & Child Health and Fairbanks, a nonprofit alcohol and drug treatment center that provides comprehensive treatment programs.

Legal Obligations and Compliance

Fulfilling all court-ordered requirements demonstrates your commitment to taking responsibility and moving forward positively. Common requirements include completing alcohol education programs, attending counseling sessions, performing community service, and paying fines and court costs.

Create a detailed schedule tracking all deadlines, appointments, and requirements to ensure nothing is missed. Late or incomplete compliance can result in additional penalties, extended probation, or other consequences that prolong the impact of your conviction.

Many courts require installation of ignition interlock devices for license reinstatement. These devices prevent your vehicle from starting if alcohol is detected on your breath. Understanding the costs, installation requirements, and proper use helps ensure smooth compliance.

Probation supervision involves regular check-ins with a probation officer and adherence to specific conditions. Maintaining steady employment, avoiding additional legal trouble, and completing required programs successfully can lead to early probation termination in some cases.

Personal Growth and Rehabilitation

A DUI conviction often serves as a wake-up call that prompts positive lifestyle changes and personal growth. Taking proactive steps toward rehabilitation not only helps prevent future incidents but also demonstrates your commitment to positive change.

Consider participating in alcohol education or treatment programs even if not court-ordered. These programs provide valuable tools for understanding alcohol’s role in your life and developing healthy coping strategies. Many employers and licensing boards view voluntary participation favorably.

Building a strong support network of family, friends, and professionals helps maintain motivation and accountability during challenging times. Regular counseling or therapy sessions provide a safe space to process emotions and develop strategies for moving forward.

Focusing on physical health through regular exercise, proper nutrition, and adequate sleep supports overall well-being and helps manage stress during this difficult period. Many people find that establishing healthy routines creates structure and purpose while working toward their goals.

Criminal Record Expungement Options

Indiana’s Second Chance Laws provide opportunities for individuals with DUI convictions to petition for criminal record expungement under certain circumstances. Successfully expunging your DUI conviction can significantly improve employment prospects, housing opportunities, and overall quality of life.

To expunge a DUI conviction in Indiana, you must typically wait at least five years from the date of conviction for misdemeanor offenses or eight years for felony offenses. You must also complete all court-ordered requirements, including probation, community service, and payment of fines.

The expungement process involves filing a petition with the court where your conviction occurred, providing documentation of your rehabilitation efforts, and demonstrating that expungement serves the interests of justice. Having a clean record during the waiting period strengthens your petition significantly.

Working with an experienced expungement lawyer increases your chances of success and ensures all paperwork is filed correctly and within required time frames. Legal professionals understand the nuances of Indiana expungement law and can guide you through the complex process effectively.

Final Thoughts

Recovery from a DUI conviction requires patience, persistence, and commitment to positive change. While the immediate challenges feel overwhelming, many people successfully rebuild their lives and careers after facing similar circumstances.

Focus on one day at a time while working toward long-term goals like license reinstatement, career advancement, and eventually pursuing expungement. Each positive step you take builds momentum and demonstrates your commitment to moving forward responsibly.

Document your rehabilitation efforts, including program completion certificates, employment records, community service hours, and character references. This documentation becomes valuable when pursuing expungement or explaining your situation to potential employers.

Remember that a DUI conviction doesn’t define your entire future. With proper planning, legal guidance, and personal commitment to positive change, you can overcome these challenges and build a successful, fulfilling life moving forward.

If you’re ready to explore your options for clearing your criminal record and truly moving forward from your DUI conviction, consider consulting with Attorney David E. Lewis who understands Indiana’s expungement laws. Taking this step could be the key to unlocking new opportunities and leaving your past behind permanently.

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Understanding Indiana’s Implied Consent Law: Your Rights and Responsibilities

Posted on July 23, 2025 by admin

Getting pulled over during a traffic stop can be overwhelming, especially when you’re facing potential DUI charges. Many Indiana drivers don’t fully understand their rights and obligations under the state’s Implied Consent Law until they find themselves in this challenging situation. This law significantly impacts what happens during a DUI stop and the choices you’ll need to make quickly.

Indiana’s Implied Consent Law creates automatic responsibilities for anyone who drives on the state’s roads. By simply operating a vehicle, you’ve already agreed to certain chemical testing procedures if an officer suspects impairment. However, the reality of this law is more complex than many people realize, with important nuances that can dramatically affect the outcome of your case.

Understanding these legal requirements isn’t just about knowing what might happen during a traffic stop—it’s about protecting your rights and making informed decisions when you’re under pressure. The consequences of your choices during a DUI stop can follow you for years, affecting your driving privileges, employment opportunities, and personal freedom.

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What Does Implied Consent Mean Under Indiana Law?

Implied consent refers to the legal principle that by driving on Indiana’s roads, you automatically agree to submit to chemical testing if a law enforcement officer has reasonable suspicion that you’re operating under the influence. This consent is “implied” because you don’t explicitly state your agreement—it’s assumed through your act of driving.

Types of Chemical Testing

Under Indiana Code 9-30-6-2, this law applies to tests measuring blood alcohol concentration (BAC) or the presence of controlled substances in your system. The most common tests include breathalyzer testing, blood draws, and urine analysis. Importantly, this law covers all substances that could impair your driving ability, not just alcohol.

The Legal Basis

The legal foundation for implied consent rests on the idea that driving is a privilege, not a right. When the state grants you a driver’s license, part of that agreement includes submitting to these tests when legally requested. This framework has been upheld in numerous court cases, including State v. Gilbert, which detailed the procedural aspects of how officers must handle implied consent situations.

Misconceptions About Refusal

Many drivers mistakenly believe they can simply refuse testing without consequences. While you do have the right to refuse, that choice comes with automatic penalties that are separate from any DUI charges you might face.

When Does Implied Consent Apply During Traffic Stops?

Reasonable Suspicion and Testing

Implied consent doesn’t automatically apply to every traffic stop. An officer must have reasonable suspicion that you’re impaired before requesting chemical testing. This suspicion typically develops through observations like the smell of alcohol, slurred speech, bloodshot eyes, erratic driving behavior, and more.

The process usually begins with field observations during your initial interaction with the officer. If these observations suggest impairment, the officer may request field sobriety tests. It’s crucial to understand that field sobriety tests are voluntary and not covered under implied consent requirements. You can refuse these roadside tests without facing the automatic penalties associated with refusing chemical tests.

When Implied Consent is Activated

However, if the officer decides to arrest you for DUI based on their observations, implied consent requirements become active. At this point, you’ll be asked to submit to chemical testing, typically at the police station or hospital. The case Johnson v. State clarified many aspects of what constitutes proper procedure during these stops and how officers must inform drivers of their rights.

The location of your traffic stop doesn’t exempt you from implied consent requirements. Whether you’re stopped on a public highway, in a parking lot, on private property where the public has access, or even in your own driveway, the law generally applies if you’re operating a motor vehicle.

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Consequences of Refusing Chemical Tests

Immediate Administrative Penalties

Refusing to submit to chemical testing under Indiana’s Implied Consent Law triggers automatic administrative penalties through the Bureau of Motor Vehicles (BMV), separate from any criminal DUI charges. For a first-time refusal, your license will be instantly suspended for one year. If you have prior DUI convictions or refusals within the past five years, the suspension period extends to two years.

These administrative penalties occur regardless of whether you’re ultimately convicted of DUI charges. The refusal itself violates your implied consent agreement, and the BMV will act on this violation independently of criminal court proceedings. This means you could face license suspension even if criminal charges are later dropped or dismissed.

Refusal as Evidence in Court

Additionally, your refusal to take chemical tests can be used as evidence against you in criminal court. Prosecutors often argue that refusal indicates consciousness of guilt—that you knew you were impaired and refused testing to avoid incriminating evidence.

However, there are some limitations on how refusal evidence can be used. Courts have established that prosecutors cannot suggest that refusal automatically proves guilt, but they can present it as one factor for the jury to consider alongside other evidence of impairment.

Legal Penalties and Long-term Consequences

DUI penalties in Indiana extend far beyond license suspension, creating long-lasting impacts on multiple aspects of your life. A first-time DUI conviction typically results in license suspension for 90 days to two years, depending on your BAC level and other factors. You’ll also face potential jail time ranging from 60 days to one year, along with fines up to $5,000.

Repeat offenses carry substantially harsher penalties. A second DUI conviction within five years can result in license suspension for up to two years and potential felony charges. The court may also require installation of an ignition interlock device, which prevents your vehicle from starting if alcohol is detected on your breath.

Extended Impact

Beyond immediate legal consequences, DUI charges create lasting effects on your employment opportunities, insurance rates, and personal reputation. Many employers conduct background checks that will reveal DUI convictions, potentially limiting job prospects. Insurance companies typically classify DUI convictions as high-risk behavior, leading to dramatically increased premiums or policy cancellation.

Professional licenses in fields like healthcare, education, or finance may also be affected by DUI convictions. State licensing boards often review criminal convictions and may impose additional penalties or restrictions on professional practice.

Exceptions and Potential Defenses

Medical Exceptions

While implied consent creates broad testing requirements, certain exceptions and defenses may apply to your situation. Medical conditions that prevent safe blood draws or breathalyzer testing can sometimes provide grounds for challenging test results or refusal penalties. However, officers are typically required to offer alternative testing methods when medical issues arise.

The case Indiana v. Kimbrell addressed important issues surrounding blood draws and medical considerations in implied consent situations. This ruling established protocols for handling cases where medical circumstances complicate standard testing procedures.

Procedural Violations

Procedural violations by law enforcement can also provide defense opportunities. Officers must follow specific protocols when informing drivers about implied consent requirements and conducting chemical tests. If proper procedures weren’t followed, it may be possible to challenge the validity of test results or the penalties for refusal.

Timing Issues

Timing issues can also affect the validity of chemical tests. Indiana law requires that testing occur within a reasonable time after arrest, typically within three hours. Tests conducted outside this window may face challenges regarding their accuracy and legal admissibility.

Protecting Your Rights During a DUI Stop

Understanding your rights during a traffic stop empowers you to make informed decisions under pressure.

✏ You have the right to remain silent beyond providing basic identification information. Anything you say can be used as evidence, so limiting your statements to essential responses protects you from inadvertently providing incriminating information.

✏ While you must comply with requests for license, registration, and insurance information, you’re not required to answer questions about where you’ve been, whether you’ve been drinking, or how much you’ve consumed. Politely declining to answer these questions is within your rights and cannot be used against you.

✏ Remember that field sobriety tests are voluntary. Officers may not clearly explain this, but you can decline to perform roadside balance tests, eye tracking tests, or other field sobriety evaluations without triggering implied consent penalties. However, refusing these tests may still influence the officer’s decision to arrest you based on other observations.

If you’re arrested and face chemical testing requirements, the decision becomes more complex. While you can refuse, understanding the automatic consequences helps you make an informed choice based on your specific circumstances.

In Summary

Facing DUI charges creates immediate stress and uncertainty about your future. The complexity of implied consent law, combined with the serious consequences of these charges, makes professional legal guidance essential. An experienced DUI attorney can evaluate the specific circumstances of your case, identify potential defenses, and guide you through both administrative and criminal proceedings.

Your Next Steps

Time is critical in DUI cases. You typically have only ten days from your arrest to request a hearing with the BMV regarding license suspension. Missing this deadline can result in automatic suspension without the opportunity to challenge the administrative penalties. Consult with a qualified DUI attorney who understands Indiana law and can protect your interests throughout this challenging process.

Ready to defend your DUI charges and get the best possible outcome in court? Contact Attorney David E. Lewis at 317-636-7514 for immediate criminal defense representation in central Indiana.

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Indiana Laws About Giving a Breath Sample During a DUI Stop

Posted on June 25, 2025 by admin

Navigating the legal landscape surrounding DUI stops in Indiana can feel overwhelming, especially if you’re facing charges or concerned about the consequences of refusing a breathalyzer test. This guide breaks down essential information about drunk driving laws, your legal rights, and the implications of providing or refusing a breath sample during a traffic stop.

We’ll also address common misconceptions about Indiana’s DUI laws, explain potential penalties, and offer guidance on when to seek legal help. By the end of this guide, you’ll be better equipped to understand your rights and make informed decisions.

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Introduction to Indiana DUI Laws

Indiana takes drunk driving seriously. Under Indiana Code 9-30-5-1, driving with a blood alcohol concentration (BAC) of .08 or higher is illegal. However, you can still face drunk driving charges, even if your BAC is below this threshold, if law enforcement believes your driving ability is impaired.

Understanding the laws surrounding DUI stops and breathalyzer tests can help you avoid costly mistakes, such as losing your license or facing harsher penalties.

Implied Consent Law Explained

Indiana operates under an Implied Consent Law (Indiana Code 9-30-6). This means that by driving on Indiana roads, you automatically consent to chemical tests (including breath, blood, or urine tests) if law enforcement suspects you of intoxicated driving.

Important Details About Implied Consent:

Timing: You must comply with the officer’s request at the time of the stop. Refusing doesn’t exempt you from consequences.
Applicable Tests: The law covers breathalyzer tests done at the scene and official chemical tests often conducted at a medical facility.

Consequences of Refusing a Breathalyzer

Refusing to take a breathalyzer test doesn’t mean you escape penalties. Under Indiana’s Implied Consent Law, refusal results in an automatic license suspension, even if no drunk driving conviction follows.

Here’s what to expect if you refuse a breathalyzer test in Indiana:

First Refusal: 1-year license suspension.
Subsequent Refusals: 2-year license suspension.

More importantly, your refusal can be used as evidence against you in court, potentially leading to harsher sentencing if you’re convicted of DUI charges.

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Legal Rights During a Drunk Driving Stop

It’s critical to understand your rights when stopped by law enforcement. While Indiana’s Implied Consent Law obliges you to submit to chemical testing, you still maintain other rights under the law.

Key Rights to Remember:

You Can Remain Silent: You’re not required to answer questions that may incriminate you. Politely inform the officer that you wish to remain silent.
Right to Legal Representation: You can request an attorney, especially during questioning.
Police Must Have Probable Cause: The officer must have reasonable suspicion to pull you over and request a breathalyzer test.
Misconception alert: Police do not need to read you your Miranda rights unless you are formally in custody and being interrogated.

Factors Affecting Breathalyzer Results

While breathalyzer tests are commonly used in DUI investigations, it’s important to know that they’re not infallible. Several factors can affect the accuracy of these tests, including:

Medical Conditions (e.g., acid reflux or diabetes) that may cause false positives.
Calibration Issues if the device is not maintained or used properly.
Time of Test as BAC levels rise after initial alcohol consumption and may not reflect impairment at the time of driving.

These potential inaccuracies can provide grounds to challenge the results in court.

How to Challenge Breathalyzer Evidence

Breathalyzer results may carry significant weight in court, but they’re not always airtight. With the help of an experienced DUI attorney, you may be able to challenge the validity of the test.

Here’s how evidence can be disputed:

Calibration Records: Was the device properly calibrated and maintained?
Officer Training: Was the test administered by an officer trained to use the equipment?
External Factors: Were medical conditions or environmental factors considered?

Successfully challenging breathalyzer results could result in reduced charges or even dismissal of your case.

When to Contact an Indiana DUI Lawyer

Facing drunk driving charges or dealing with the consequences of refusing a breathalyzer test is a serious matter. Working with a DUI lawyer in Indianapolis can ensure your rights are protected throughout the legal process.

Consider contacting DUI defense attorney if:

You have been charged with drunk driving despite a BAC below .08.
You refused a breathalyzer test and are facing license suspension.
You want to challenge the accuracy or validity of breathalyzer evidence.
You’re navigating a second or subsequent DUI charge with heightened penalties.

Our experienced Indiana drunk driving attorneys are here to help you understand your options and build a strong defense.

Frequently Asked Questions About DUI Charges

What happens if I refuse a breathalyzer test in Indiana?

Your license will be automatically suspended for at least 1 year, even without a drunk driving conviction. Refusal can also be used as evidence in court.

Can I be charged with a DUI even if my BAC is below .08?

Yes. If law enforcement believes your ability to drive is impaired, you can still face drunk driving charges, even with a BAC under the legal limit.

How accurate are breathalyzer tests in Indiana?

While generally reliable, breathalyzer tests are not foolproof. Factors such as medical conditions, device calibration, and external conditions can impact accuracy.

What are my rights during a DUI stop?

You have the right to remain silent, request legal representation, and refuse to answer incriminating questions.

Do I need a lawyer if it’s my first Drunk Driving offense?

Yes. A lawyer can help you understand the legal process, negotiate reduced penalties, and ensure your rights are protected.

Will I lose my license if I’m convicted of Driving While Intoxicated?

Yes. License suspension durations vary depending on the offense (e.g., 90 days to 2 years for a first offense).

In Summary

Being arrested for a DUI can be a daunting and overwhelming experience. It’s important to remember that you have rights and options available to you. Seeking legal representation is highly recommended, as it can greatly impact the outcome of your case and help mitigate potential consequences. It’s also crucial to understand your state’s laws regarding DUI offenses and how they may affect your license and overall record. By being informed and proactive, you can navigate this challenging situation with confidence.

You are not alone – seek support from loved ones and professionals to help you through this difficult time. Stay safe, stay informed, and always know your rights! So if you ever find yourself in a situation where you are facing a

Whether it’s your first offense or a subsequent charge, hiring the right legal representation can make all the difference. Don’t wait until it’s too late. Contact Attorney David E. Lewis today and take the first step toward protecting your rights and future.

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Expected Penalties for a Third DUI in Indianapolis

Posted on April 10, 2025 by admin

A third DUI (Driving Under the Influence) conviction in Indianapolis can have life-altering implications. Indiana has strict DUI laws, and repeat offenses are met with increasingly severe penalties. If you or someone you know is facing a third DUI offense, understanding the legal consequences, long-term consequences, and available legal options is crucial. This blog will provide a detailed overview of Indiana’s DUI laws, penalties for multiple DUIs, and the steps you can take to protect your rights.

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Understanding DUI Laws in Indiana

Indiana treats drunk driving with the seriousness it deserves due to the risk it poses to public safety. Under Indiana Code 9-30-5, it is illegal to operate a vehicle with either:

A Blood Alcohol Content (BAC) of 0.08% or higher, or
While under the influence of alcohol, drugs, or a combination that renders a driver impaired.

Penalties escalate significantly with repeat offenses. The first DUI is classified as a misdemeanor, typically resulting in fines, license suspension, and potential community service. However, a third DUI offense in Indiana enters a new category of severity. It is often charged as a Level 6 felony or higher, potentially invoking Indiana’s Habitual Traffic Violator (HTV) statutes under Indiana Code 9-30-6.

Understanding how these laws apply to your specific circumstances will be key to assessing what lies ahead.

Penalties for a Third DUI in Indiana

A third DUI conviction in Indiana carries harsh penalties. These aim both to punish repeat offenders and deter drunk driving. Here’s a closer look at what you may face if convicted:

1. Jail Time

A third DUI is often charged as a Level 6 felony, which carries a sentence of up to 2.5 years in prison.
Aggravating factors, such as causing an injury, having a minor in the vehicle, or a very high BAC, can elevate the offense to a Level 5 felony, which may lead to 6 years in prison.

2. Fines

Fines for a third DUI can range from $10,000 to higher amounts if additional charges are involved.

3. License Suspension

Indiana imposes a minimum of 1 year of license suspension for a third DUI conviction.
Under the Habitual Traffic Violator (HTV) statutes, you could face a suspension of up to 10 years.

4. Mandatory Alcohol Treatment

Courts require convicted individuals to attend mandatory alcohol or drug treatment programs, such as the ones provided by Indiana Addictions Treatment Services.
Offenders failing to comply with treatment orders may face additional penalties.

5. Ignition Interlock Device (IID)

Installation of an IID may be required on your vehicle to monitor and prevent further impaired driving. The offender bears the cost of installation and maintenance.

6. Additional Penalties

Community service, probation, and mandatory participation in victim impact panels are also possible penalties.

Aggravating Factors that Increase Severity

Some circumstances can result in harsher penalties, including:

High BAC Levels (e.g., over 0.15% BAC).
Having a minor passenger in the vehicle during the offense.
Causing serious injury or death in a DUI-related accident.
Refusing chemical testing, leading to automatic penalties under Indiana’s implied consent laws.

It is vital to be aware of these factors, as they can significantly worsen the consequences of a third DUI offense in Indianapolis.

Contact an Indianapolis DUI lawyer today.

Long-Term Consequences of a Third DUI

Beyond the immediate penalties, a third DUI conviction can have lasting impacts on your life. These include:

▶ Employment Challenges – A felony conviction can make it difficult to secure employment, especially in roles involving driving, customer interaction, or positions requiring a clean criminal record.

▶ Insurance Rate Hikes – Car insurance premiums skyrocket after a third DUI conviction. Many insurance providers may even refuse coverage altogether, leaving SR-22 filings as your only option for maintaining vehicle insurance.

▶ Social and Personal Impact – The stigma of being labeled a “habitual offender” can affect your personal relationships, mental health, and standing in the community.

▶ Loss of Civil Rights – A felony conviction may result in the loss of certain rights, such as voting, possessing firearms, or eligibility for specific public services.

These consequences underscore why addressing a third DUI promptly and thoughtfully is so important.

Legal Options and Defense Strategies

A DUI charge is not a conviction, and numerous legal defenses may be available to you. Here are some strategies an experienced attorney can utilize:

Challenge the Traffic Stop

Were proper procedures followed during the vehicle stop? If the stop was unlawful, evidence against you may be dismissed.

Dispute BAC Test Accuracy

The accuracy of a breathalyzer or blood test can be challenged if the devices weren’t calibrated correctly or proper testing protocols were not followed.

Provide Medical Defenses

Certain conditions, such as diabetes or acid reflux, can cause falsely high BAC readings.

Question Police Conduct

Misconduct or errors during the arrest process, such as failing to read your rights, could weaken the prosecution’s case.

Hiring a skilled DUI lawyer in Indianapolis is essential to determining the best defense strategy for your case.

The Importance of Consulting a DUI Lawyer

If you’re facing a third DUI charge, navigating the complex legal system without guidance could have disastrous consequences. A qualified Indianapolis drunk driving lawyer can provide the expertise you need to:

Evaluate the charges against you.
Craft a defense strategy tailored to your situation.
Negotiate potential plea deals to reduce penalties.
Advocate for alternative sentencing options such as rehabilitation programs.

The stakes are high. Ensuring you have strong legal representation can mean the difference between severe penalties and a more favorable outcome.

For support with alcohol addiction, consider reaching out to local resources like Indianapolis Alcoholics Anonymous or Indiana Addictions Treatment Services. If your license has been suspended, you can work with the Indiana Bureau of Motor Vehicles (BMV) to explore reinstatement options.

In Summary

A third DUI conviction in Indianapolis is not just a legal issue; it’s a life-changing event. Understanding Indiana’s DUI laws, the penalties you may face, and the available legal defenses can help you take control of your situation. Acting quickly and consulting with a knowledgeable DUI attorney is your best step forward.

Don’t wait any longer to get started on your defense. Call Attorney David E. Lewis at 317-636-7514 for a confidential consultation or explore additional local resources for addiction support and license reinstatement. Taking action today can protect your future.

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Hit and Run Accidents in Indiana: What You Need to Know

Posted on December 27, 2023 by admin

A traffic accident can be a stressful and worrying experience, but leaving the scene of an accident, known as a hit and run, can significantly exacerbate the situation. In Indiana, hit and run charges are taken seriously, whether the incident involves hitting a pedestrian or another vehicle. Understanding the consequences and ramifications of such actions is crucial.

This blog post aims to shed light on the key elements you need to know about hit and run accidents and subsequent charges in Indiana, providing valuable insight to help you navigate through potentially complicated legal situations.

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What Constitutes a Hit and Run in Indiana?

In the state of Indiana, a hit and run is defined as leaving the scene of an accident without stopping and exchanging relevant information with the other involved parties. This includes accidents involving only property damage or personal injury to another person. The law requires all drivers involved in an accident to stop at the scene, provide their name, address, and vehicle registration number, and show their driver’s license upon request. Failure to do so can result in hit-and-run charges.

Hitting a Pedestrian

Hitting a pedestrian is one of the most severe types of hit and run accidents in Indiana. Pedestrians are incredibly vulnerable on the roads, making it crucial for drivers to exercise caution. In the event of a collision with a pedestrian, Indiana law requires drivers to stop immediately and provide assistance to the injured person, whether it be calling for medical help or providing first aid. Failing to do so can result in severe hit and run charges, including felony charges if the accident causes serious injury or death to the pedestrian.

Hitting a Car

Aside from hitting a pedestrian, such charges can also result from colliding with another vehicle. If you are involved in an accident with another car, Indiana law requires you to stop at the scene, exchange relevant information, and provide assistance if needed. Failing to do so can lead to criminal charges, depending on the severity of the damage caused by the collision. In addition to facing hit and run charges, you may also face civil liability for any damages or injuries caused by leaving the scene of the accident.

Penalties for a Hit and Run Conviction in Indiana

The penalties for hit-and-run crimes in Indiana vary depending on the severity of the accident. If no personal injury is involved, hit and run charges are considered a Class B misdemeanor, punishable by up to 180 days in jail and fines of up to $1,000. However, if the accident causes injury or death to another person, the charges can range from a Class A misdemeanor to a high level felony, with penalties ranging from one year in prison and fines of up to $10,000 for a Class A misdemeanor, to 8 years in prison and fines of up to $10,000 for a felony.

What to Do if You Commit a Hit and Run Accident

If you have been charged with a hit and run in Indiana, it is crucial to seek legal help as soon as possible. An experienced criminal defense attorney can review your case, advise you of your rights and options, and provide guidance throughout the legal process. Keep in mind that hit-and-run charges can have serious consequences, affecting not only your driving record but also your personal and professional life. Therefore, it is crucial to take them seriously and seek legal assistance to ensure the best possible outcome for your case.

In Summary

Hit and run charges in Indiana can have severe consequences, ranging from fines and jail time to potential felony charges. It is essential to understand what constitutes a hit and run, know the penalties involved, and take appropriate actions in case of an accident. Remember always to remain calm, stop at the scene, and provide assistance and information as required by law.

If you are facing hit and run charges, seek legal help to protect your rights and best interests. Contact the Law Office of David E. Lewis at 317-636-7514 to book an appointment with an experienced criminal defense attorney in Indianapolis, Indiana. Our legal team is dedicated to fiercely and intelligently defending criminal appeals, while working to secure a reduction or dismissal of your conviction.

Demystifying DUI Defense Strategies in Indiana

Posted on October 17, 2023 by admin

When faced with DUI charges in Indiana, it’s essential to understand your rights and the defense strategies at your disposal. The complexities of drunk driving charges necessitate the guidance of a skilled DUI defense lawyer to navigate the intricacies of the legal system.

This blog post aims to shed light on the immediate steps to take following a personal injury occurrence in Indiana, focusing particularly on instances involving impaired driving. We delve into the key legal procedures, potential defenses, and the importance of securing proficient legal representation. Remember, knowledge is power when combating DUI charges.

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Immediate Steps to Take After Getting Arrested for a DUI

As with any personal injury occurrence, safety should be the top priority. If you or anyone involved in the incident requires medical attention, seek it immediately. Once everyone’s well-being is ensured, document everything about the accident scene by taking notes and pictures. Gather contact information from any witnesses present and exchange insurance details with other parties involved. Finally, report the accident to the police if they haven’t already been notified.

Understanding DUI Charges in Indiana

In Indiana, it’s illegal to operate a vehicle while under the influence of alcohol and/or drugs, as stipulated by the state’s impaired driving laws. Police officers can arrest you for DUI if they have probable cause that your judgment and ability to safely operate a vehicle are impaired. If you’re found to have a blood alcohol concentration (BAC) of 0.08% or higher, you’ll be charged with OWI (Operating While Intoxicated). It’s crucial to note that Indiana has a zero-tolerance policy for underage drinking and driving, which means any driver under 21 years old can be arrested for DUI if they have any trace of alcohol in their system.

Drunk Driving Defense Strategies

If you’re charged with DUI, you’ll need an experienced DUI defense lawyer to help build a strong defense on your behalf. They can challenge the legality of the traffic stop, question the accuracy of field sobriety and breathalyzer tests, and dispute any other evidence against you. Additionally, they may explore alternative options, such as plea bargaining and diversion programs, to potentially reduce or dismiss your charges.

First Time DUI Penalties

If you’re a first-time offender, the penalties for DUI in Indiana can include fines of up to $5,000 and up to 1 year in jail. Your license may also be suspended for up to 2 years. The severity of your charges will depend on various factors such as BAC level, any prior criminal record, and whether anyone was injured or killed in the incident. It’s important to note that even if you’re not convicted, your license can still be suspended for up to 180 days for refusing a breathalyzer test or failing it with a BAC above 0.08%.

Importance of Legal Representation

The consequences of DUI charges in Indiana can be severe, including fines, license suspension/revocation, and even jail time for repeat offenders. With so much at stake, it’s crucial to secure proficient legal representation immediately after a personal injury occurrence involving impaired driving. An experienced DUI defense lawyer can guide you through the legal process, protect your rights, and work toward the best possible outcome for your case.

Conclusion

In summary, if you’re involved in a personal injury occurrence involving impaired driving in Indiana, it’s essential to prioritize safety and document everything at the scene. Understand the state’s DUI laws and seek professional legal guidance to build a strong defense. With the right strategies and legal representation, you can effectively fight DUI charges and protect your rights.

Remember, it’s never too early to start building your defense with the help of an experienced DUI defense lawyer. Contact Attorney David E. Lewis at 317-636-7514 to speak with an experienced and good-standing criminal defense DUI lawyer in Indianapolis, Indiana. We can help you get the best possible outcome in court for your misdemeanor or felony drunk driving charges. But you only have 10 days to save your drivers’ li c ense from suspension – so call NOW!

The Sobering Truth: A Deep Dive into Drunk Driving in Indiana

Posted on September 21, 2023 by admin

Drunk driving is a critical issue that plagues societies across the globe, and sadly, Indiana is no exception. A crime that is preventable, it poses grave dangers not only to those behind the wheel but to innocent bystanders and other road users as well.

This blog sheds light on the sobering and stark reality of Driving Under the Influence (DUI) in Indiana, unearthing the unnerving statistics and the comprehensive efforts being made to combat this life-threatening issue. Join us as we embark on this enlightening journey, understanding the intricate complexities and profound implications of drunk driving in our local communities.

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Drunk Driving in Indiana: A Troubling Reality

According to the CDC, alcohol-impaired driving accounted for 29% of all motor vehicle traffic fatalities in the United States in 2018 alone. That is a staggering 10,511 deaths nationwide due to drunk driving in one year. The numbers are even more concerning when we look at Indiana’s statistics specifically. In 2019, the Indiana Criminal Justice Institute (ICJI) reported that Indiana had 545 DUI arrests, 519 DUI crashes, and 64 DUI fatalities.

These figures have been growing steadily over the past few years; in 2018 there were 496 DUI arrests and 497 DUI crashes statewide. In addition to this, the Indiana Criminal Justice Institute also revealed that alcohol was involved in 64.5% of all fatal crashes in Indiana for 2019, which is an alarming statistic indeed.

The repercussions of drunk driving are far-reaching; beyond the tragedy befallen on innocent victims and their families, DUI convictions also have serious legal and financial consequences. Depending on the specifics of the case, a DUI can result in suspension or revocation of a driver’s license or CDL.

Understanding Indiana’s Drunk Driving Laws

In order to understand the gravity of a drunk driving conviction in Indiana, it is essential to know the relevant DUI laws. The legal blood alcohol concentration (BAC) limit for drivers over 21 years old is 0.08%, and the limit for those operating commercial vehicles is 0.04%. If an individual’s BAC exceeds either of these limits, they can be arrested and charged with drunk driving.

In addition to this, Indiana also has an ‘implied consent’ law which states that any individual operating a vehicle within the state is required to provide a chemical test sample if asked by a law enforcement officer. This could include a breathalyzer test or blood sample, which is performed at a local clinic.

Battling the Issue: What is Being Done?

Indiana does not take the issue of drunk driving lightly and has taken steps to ensure that those who do drive under the influence are punished accordingly. The penalties for violating Indiana’s DUI laws depend on the number of infractions as well as BAC level but can be severe. For example, a first-time offense can result in fines up to $500, 1-year license suspension, and even imprisonment.

In order to combat the issue of drunk driving, Indiana has also implemented several public awareness campaigns such as ‘Drive Sober or Get Pulled Over’ and ‘Arrive Alive’ which aim to educate people about the dangers of impaired driving. The state has also implemented several other initiatives such as ignition interlock devices (IIDs), which require drivers to provide a breath sample before the car can start, and zero-tolerance laws for those under 21 years of age. All of these efforts are aimed at reducing the number of drunk driving incidents in Indiana and ensuring that our roads remain safe for everyone.

What to Do if You Get a DUI

If you are facing a DUI charge in Indiana, the best thing to do is to contact an experienced and qualified attorney. The consequences of a drunk driving conviction can be severe and require complex legal assistance. An experienced DUI lawyer in Indianapolis can help you navigate the process and provide effective representation throughout the case.

It is also important to take steps to reduce the likelihood of getting a DUI in the first place. These include not drinking and driving, having a designated driver if attending an event where alcohol is present, knowing your BAC limit, and understanding Indiana’s drunk driving laws. Taking these steps can help you stay safe and avoid the potential consequences of a DUI conviction.

The Takeaway

Drunk driving is a serious issue in Indiana, and it’s essential that everyone understand the consequences of their actions before getting behind the wheel after consuming alcohol. With comprehensive laws and stringent enforcement, Indiana is making strides to reduce DUI incidents across the state, but we all must do our part to ensure that these efforts are successful. It is our duty as responsible citizens to be aware of the risks of driving under the influence and make smart, informed decisions in order to promote safe roads and save lives. If you are arrested for a DUI, then hire a lawyer pronto.

You only have 10 days from the time of DUI arrest to save your driving privileges. Besides that, you need a strong defense to get you the best possible outcome in court. Contact the Law Office of David E. Lewis today at 317-636-7514 to meet with an experienced DUI defense attorney in Indianapolis, Indiana. Our legal team is dedicated to fiercely and intelligently defending criminal appeals, while working to secure a reduction or dismissal of your conviction.

Understanding DUI Laws in Indiana: A Comprehensive Guide

Posted on August 30, 2023 by admin

Driving under the influence (DUI), also known as operating while intoxicated (OWI) in Indiana, is a serious offense that carries significant consequences. Being informed about the state’s DUI laws can help you make responsible decisions and understand your rights in case of a DUI arrest.

In this comprehensive guide, we will delve into the specifics of Indiana’s DUI laws, the process following a DUI arrest, and the potential implications of an OWI conviction. The objective is to provide a clear and concise resource that can help you navigate this complex area of law.

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Indiana DUI Laws and Penalties

In Indiana, operating a motor vehicle with a blood alcohol content (BAC) of 0.08% or more is considered DUI, also referred to as an OWI or DWI in certain jurisdictions. It is possible to be charged with driving under the influence even if your BAC is lower than this, however. In cases where there’s evidence of intoxication, such as reckless driving, the state may pursue a charge of OWI even if your BAC is below 0.08%.

If you are arrested for OWI in Indiana, you will face criminal penalties that can include jail time, fines, probation, license suspension or revocation, and an ignition interlock device (IID). The consequences vary based on the severity of the case and whether you’ve had any previous convictions. For a first-time offense, you may face up to one year in jail and fines of up to $5,000. Your driver’s license will also be suspended for 90 days.

Repeat offenses are treated more severely by Indiana DUI laws. A second OWI conviction can carry up to two years in prison and a fine of up to $10,000. You will also be required to install an IID on your vehicle. A third OWI conviction within 10 years is considered a felony offense and can result in jail time of between one and six years, along with fines of up to $10,000. Your license can also be revoked permanently.

The DUI Arrest Process and Implications

If you are pulled over for suspicion of OWI in Indiana, the police officer will ask you to take a field sobriety test. This is an evaluation designed to assess your level of impairment and determine whether you should be arrested. If the officer believes that you are impaired, they may arrest you for DUI/OWI.

After the arrest, you will be taken to a police station where your blood alcohol content will be tested using a breathalyzer test and your results will be recorded. If the results show that your BAC is 0.08% or higher, the officer may decide to file criminal charges against you and even ask to have your blood drawn to confirm your blood alcohol levels. It’s important to note that it is still possible to be charged with a DUI even if your BAC is lower than 0.08%.

Any OWI or DUI conviction will remain on your permanent record for at least 10 years. This can have a major impact on your ability to secure employment, housing, and other opportunities down the line. An OWI/DUI conviction can also adversely affect your auto insurance rates. Depending on the severity of the offense, you may even lose your driver’s license. Further down the line, you may qualify for criminal record expungement, which can seal your criminal record from public access.

Defending Against OWI Charges in Indiana

If you have been charged with DUI/OWI in Indiana, it’s important to consult a qualified attorney as soon as possible. An experienced DUI lawyer can help assess your case and formulate a defense strategy. There are several potential defenses against DWI charges. These can include challenging the results of a field sobriety test or arguing that there was not sufficient evidence to prove intoxication. It’s important to remember that you have rights when facing OWI charges and an attorney can help protect them. An experienced lawyer can also work to reduce the severity of the charges or get them dismissed entirely, depending on the situation.

DUI/OWI laws can be complex and it’s important to understand your rights in case of a DUI arrest. Contact Attorney David E. Lewis at 317-636-7514 to speak with an experienced and good-standing criminal defense DUI lawyer in Indianapolis, Indiana. We can help you get the best possible outcome in court for your misdemeanor or felony drunk driving charges. But you only have 10 days to save your drivers’ li c ense from suspension – so call NOW!

A Closer Look at Consequences for Drugged Driving in Indiana

Posted on June 14, 2023 by admin

Driving under the influence of drugs (DUID) is a serious offense in Indiana, and those who are caught can face harsh consequences. The penalties for drugged driving vary depending on the type and amount of drug involved. In addition to legal repercussions, there may also be personal costs such as lost wages or higher auto insurance premiums. It’s important to understand the risks associated with operating a vehicle while impaired by drugs so that you can make an informed decision about your safety and that of others on the road.

In this blog post, we’ll take a closer look at DUID laws in Indiana and examine some of the potential consequences for violating them.

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What You Need to Know About Drugged Driving (DUID) in Indiana

In Indiana, it’s illegal to drive with any detectable amount of certain controlled substances in your system. This includes cannabis, opioids, amphetamines, benzodiazepines, and many other commonly abused drugs. If you’re pulled over or involved in an accident while impaired by drugs, the police may give you a field sobriety test to determine whether you are under the influence. If they believe that you are impaired, they can charge you with a DUID offense. The severity of the charge will depend on what type of drug is present and how much is in your system; for example, cocaine possession will usually result in more serious charges than marijuana possession.

DUID Convictions and Penalties

The consequences for drugged driving vary depending on the severity of the drug crime. If convicted, you could face a fine of up to $10,000 and/or up to two years in prison. You may also be required to complete drug treatment programs or community service. Additionally, your license could be suspended for six months or longer. Even if you don’t receive jail time or pay a fine, DUID convictions can remain on your criminal record and have negative impacts on employment opportunities and other areas of your life.

How to Stay Ahead of Your Rights and Your Safety

It’s important to stay informed about drugged driving laws in Indiana so that you can make safe decisions when it comes to getting behind the wheel. In addition to understanding the potential consequences for violating these laws, it’s also essential to know the signs of impairment – including slowed reaction time, difficulty concentrating, and impaired coordination – so that you can recognize when it’s not safe to drive. Making smart choices now can save you from facing serious legal and personal repercussions down the road.

In Summary

Drugged driving is a serious offense in Indiana, and those who are caught violating DUID laws may face harsh consequences including fines, prison time, license suspension, and more. It’s important to stay informed about these laws in order to make safe decisions when it comes to getting behind the wheel. Remembering the potential costs associated with drugged driving can help you avoid facing serious legal or personal repercussions in the future.

What to Do After a DUID Arrest in Indianapolis

If you have been arrested for drugged driving, also known as driving under the influence of drugs (DUID), it is important to seek the counsel of an experienced Indianapolis criminal defense lawyer. A conviction for drugged driving can have serious consequences, including fines, license suspension, and even imprisonment. A qualified criminal defense attorney can review the evidence against you and develop a strategy to protect your rights and minimize the potential repercussions. They can also help you understand the complex legal issues involved in a DUID case, such as the validity of drug tests and how they may be challenged in court. With the guidance of a skilled criminal defense lawyer, you can potentially achieve a more favorable outcome in a drugged driving case.

Were you or your loved one recently arrested for drugged driving in or around Indy? Contact Attorney David E. Lewis at 317-636-7514 to schedule a free consultation with a licensed DUID lawyer in Indianapolis , Indiana. We can start working on your case TODAY.