Using Auto Brewery Syndrome For DUI Defense

Posted on August 23, 2022 by admin

If you are pulled over while driving, and the cop believes they smell alcohol on your breath, you will likely be asked to take to a breathalyzer test. This device measures and computes the amount of alcohol on a person’s breath. When you pass the breathalyzer test, you are generally free to go; however, if you do not pass the test, your car will be towed and impounded while you are arrested for a DUI (driving under the influence) and taken to jail.

Drunk driving charges, also known as DWI’s (driving while intoxicated) and OWI’s (operating while intoxicated), can lead to heavy fines, strict and mandatory probation and court orders, loss of driving privileges, and even jail time. But what if you fail the breathalyzer even though you haven’t had anything to drink? Perhaps you have Auto Brewery Syndrome.

Continue reading to learn more about this syndrome and what to do if you or a loved one is facing OWI charges right now.

DUI Attorney Indianapolis Indiana 317-636-7514 — Those with Auto Brewery Syndrome retain excessive quantities of yeast in their digestive system.

What is Auto-Brewery Syndrome?

Many Americans are not even aware that Auto Brewery Syndrome exists, but it can cause a person to fail a mechanical breath test. Basically, it is a disorder that causes a person to have an abundant amount of yeast in their digestive system. Large amounts of yeast can produce ethanol in quantities that can actually lead to intoxication. You could say that a person who suffers from this syndrome has a stomach that brews its own beer. Therefore, the syndrome can trick an officer into thinking a person has consumed alcohol even though they haven’t.

Not only do those with Auto Brewery Syndrome produce large amount of yeast, but they can also add to their yeast reserves by consuming foods and beverages that contain yeast. This includes wine, bread, tortillas, pitas, crackers, pizza crust, and more. Adding to the amount of yeast in their digestive system can also contribute to failing a breathalyzer.

Common Symptoms of Auto Brewery Syndrome:

▷ Dry Mouth
▷ Hangovers
▷ Dizziness
▷ Disorientation
▷ Depression
▷ Anxiety

There are several other health conditions that can contribute to falsely failing a breathalyzer test. Talk to your primary care physician if you are concerned that you may suffer from too much yeast or ethanol in your system. If you are facing criminal charges for a DUI, be sure to hire an experienced criminal defense attorney to avoid being sentenced to the maximum penalties for your crime.

Are you currently facing drunk driving criminal charges in Indiana? Contact Attorney David E. Lewis at 317-636-7514 to speak with a skilled and aggressive DUI defense lawyer in Indianapolis, Indiana. Act fast so that you may avoid the maximum penalties for your OWI charges.

Your Next Step After Being Charged With Drunk Driving Vehicular Manslaughter

Posted on July 13, 2022 by admin

Drunk driving is illegal for a very good reason. Vehicles, after all, are comparable to a 3,000 pound missile at speeds as low as 10 miles per hour. Under that, they are still heavy machinery that can cause a devastating amount of damage or bodily injury. Many drunk driving accidents result in the fatalities of other innocent drivers, passengers, and pedestrians. Such accidents generally lead to a DUI vehicular manslaughter charge against the intoxicated driver. As a type of homicide crime, vehicular manslaughter is a very serious criminal charge that can end with long lasting consequences, including a lengthy stint in prison.

If you are facing drunk driving vehicular manslaughter in Indiana, continue below to learn the most valuable and critical step you need to take to avoid the maximum penalties for your charges.

Vehicular Manslaughter Lawyer Indianapolis Indiana 317-636-7514

Homicide and Involuntary Manslaughter

DUI vehicular manslaughter is a homicide and occurs when a person operates a motor vehicle while intoxicated, and in doing so, unintentionally causing an accident that kills another person. Although it is not considered murder since it was not a deliberate, malicious, or premeditated act, the offense is categorized as a homicide because a person loses their life.

There are different types of homicides, including involuntary and voluntary manslaughter, reckless homicide, negligent homicide, and vehicular homicide.

A homicide is not always a crime, as is the case with self-defense. Criminal homicide, on the other hand, is causing the death of another, either by means of negligence, such as drunk driving, or willful intent, such as spontaneously killing a person that you catch sleeping with your spouse. This would be charged as voluntary manslaughter, which is aptly called the heat of passion crime.

Vehicular Manslaughter Laws

Vehicular manslaughter laws are divided into 3 distinct levels: vehicular manslaughter, vehicular homicide, and aggravated vehicular homicide. Vehicular manslaughter is when a driver causes the death of another person or their unborn child as a result of a misdemeanor traffic violation. Vehicular homicide is the same as vehicular manslaughter, but in two specific scenarios: as a result of driving negligence or speeding through a construction zone.

Aggravated vehicular homicide is also the same as vehicular manslaughter, but in three specific scenarios: as a direct result of A) operating a vehicle while intoxicated; B) operating a vehicle recklessly; or C) committing a reckless traffic offense in a construction zone.

DUI Manslaughter Charges and Penalties

Drunk driving vehicular manslaughter is charged as an involuntary manslaughter homicide, which is a DUI felony offense. Upon conviction, a defendant can be punished by up to 6 years in prison, with an advisory jail sentence of 3 years, plus suspended drivers’ license for 2 to 5 years and fines up to $10,000.

If you have been charged with drunk driving manslaughter, your next step is the most important one you will make in your life: hire a skilled and experienced Indiana criminal defense lawyer for aggressive DUI defense. They can preserve your rights and protect you from the maximum sentence.

Are you worried about your pending DUI charges in Indiana? Contact Attorney David E. Lewis at 317-636-7514 to schedule a free initial consultation with a seasoned DUI lawyer in Indianapolis, Indiana who will put your mind at ease with a strong and impactful defense. We also represent defendants charged in Indiana but who live in another state.

Are Breathalyzers Reliable at Proving Intoxication?

Posted on May 20, 2022 by admin

Breath testing has been the most common method of investigating and confirming a person’s blood alcohol concentration (BAC). Law enforcement and similar authorities typically use handheld electronic devices known as breathalyzers to test an individual’s breath and obtain a BAC reading. But are these breath testing devices actually reliable? Are they accurate? Do they really prove intoxication?

Continue reading to learn more about breath testing and breathalyzers, including what to do if you believe you have been wrongly arrested after failing a breathalyzer test in Indiana.

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Breathalyzer Testing

Breathalyzers are science-based electronic devices that are designed to read and compute blood alcohol levels based on breath. There are different types of breathalyzers. Some are designed with fuel cells that generate an electric current, while others use infrared light or chemical reactions.

The average person has no idea how these scientific electronic devices work, so many people tend to blindly trust whatever reveals. But like all manufactured commodities, especially electronic ones, design flaws and happen. In such a case, breathalyzers might incorrectly or inaccurately process the blood alcohol concentration in a person’s breath.

Breathalyzer Test Reliability

So, how reliable are these breathalyzers? Possibly not so much, at least not all the time. According to a post in the New York Times, thousands of people have been arrested based on flawed breath testing results over the years, and courts across the country have thrown out more than 50,000 tests.

As most fragile computer-based electronic devices go, breathalyzers require routine maintenance and care, including precise calibration. Not only must these devices be set up properly, but they must also be used correctly and by a certified operator. And the unfortunate truth is that the standards for proper breathalyzer usage and maintenance are not highly regulated.

Most law enforcement agencies are not monitored on how well they take care of or calibrate their BAC-measuring machines, how well they train their staff to use them, and how well they store their data. With all of these factors at play, there are many variables that can cause breathalyzers to compute inaccurately, and therefore, give unreliable BAC test results.

Get Yourself a Lawyer After Failing a Breath Test

Unfortunately, most law enforcement officials will take whatever reading the breathalyzer gives them and use it as just cause to arrest a person for public intoxication or drunk driving. For this reason, it is important to obtain professional and private criminal defense legal representation to fight your criminal charges. Good criminal defense attorneys have the resources, knowledge, and skills to reduce your charges or dismissed them entirely based on an unjust arrest.

Are you ready to preserve your freedom by getting started on your defense now? Contact Attorney David E. Lewis at 317-636-7514 for the best chance at reducing or dismissing your public intoxication or DUI charges in Indianapolis, Indiana. We represent clients all throughout the state of Indiana.

8 Ways You Can Be Charged With Intoxicated Driving

Posted on May 4, 2022 by admin

Intoxicated driving charges are very serious, and the law is designed to use such cases as a means to set an example for the rest of the public. The laws surrounding OWI charges vary from state to state, as do the possible enhancements that can increase the severity of the charges. There are several ways you can be charged with operating a vehicle while intoxicated.

Continue below to learn the 8 types of DUI charges, what they mean, and how you can beat them with skilled legal representation.

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Types of OWI Enhancements

Potential OWI enhancements depend on several factors, but the most common types of enhancements to drunk driving charges include operating a motor vehicle with a blood alcohol concentration (BAC) of 0.15% or higher, drunk driving with a minor as a passenger, drunk driving that causes another person bodily injury, and drunk driving that causes the death of another person.

Aggravated DUI

An aggravated DUI is any average DUI charge, but with enhancements. See enhancement examples above. Aggravated DUI charges are the same thing as Felony DUI charges, which is the term used in Indiana. Additional aggravated DUI offenses include DUI in a school zone, operating a school bus under the influence of drugs or alcohol, driving intoxicated without a valid license, having multiple convictions within a short time frame, and more.

Drugged Driving (DUID)

Alcohol is not the only substance that can lead to a DUI arrest. Operating a vehicle while under the influence of Schedule I or Schedule II drugs, whether legal or illegal, can lead to a DUID charge in Indiana, which stands for “driving under the influence of drugs.” A police officer can legally arrest you for a DUID charge simply based on a reasonable suspicion that such drugs are in your system.

DUI Accidents

Driving under the influence of drugs or alcohol is a serious crime in itself; but couple it with an accident and the charges get worse. In Indiana, DUI-related accidents are labeled as Felony DUI charges, and come with severe penalties.

DUI Manslaughter

When DUI accidents end with fatalities, the charges increase to DUI manslaughter. Although the fatalities in these cases are unintentional, the charge still come with very severe penalties in Indiana. DUI manslaughter is a Level 5 Felony, which is a very serious charge.

Felony DUI

First-offense DUI charges are generally misdemeanors. But with enhancements or previous convictions, DUI charges turn into a felony very fast. Such factors include multiple convictions, fatalities, presence of children, bodily harm, property damage, and more. With the help of a tough defense lawyer, felony DUI charges can sometimes be reduced to lower felonies or misdemeanors.

Misdemeanor DUI

A typical DUI charge in Indiana is a misdemeanor crime, unless there are enhancements involved, or a person has prior DUI convictions within a certain time frame (usually 5 to 10 years). First time DUI offenses are Class C misdemeanors, but with BAC levels higher than 0.15%, they jump to Class A misdemeanors. With the help of a tough defense lawyer, Level 6 felony DUI’s can often times be reduced to DUI misdemeanors.

Property Damage DUI

When a DUI accident ends with property damages, the penalties and fines increase dramatically. A person can expect longer jail time, harsher sentencing agreements, and extreme fines. And although these are considered aggravated DUI’s, they are not always charged as felonies. However, if property damages are extensive, the charge is likely to increase to a felony.

Underage DUI

Indiana has a “per se” stance on underage drinking and driving. This means there is a zero-tolerance rule for underage drinking. Any person under the age of 21, the national legal drinking age, is forbidden to consume or purchase alcoholic beverages. Underage drinking is a crime in itself, but combined with driving and DUI charges, underage drinkers face serious penalties. Standard penalties include license suspension, jail time, probation, hefty fines, community service, and diversion programs.

Are you looking for criminal defense attorney who can help you reduce your OWI criminal charges in Indiana? Contact Attorney David E. Lewis at 317-636-7514 to speak with a seasoned criminal defense lawyer about your Indiana DUI charges. Our legal team can help you obtain the best possible outcome to your criminal matters!

Can Traffic Violations Be Used Against Me in Criminal Court?

Posted on April 8, 2022 by admin

After being arrested and charged with a crime in Indiana, it is common to be filled with all sorts of questions. Oftentimes, defendants begin thinking about their legal history. Many criminal defendants question if previous traffic violations and driving-related offenses will affect the outcome of their current criminal case. Fortunately, there is a pretty clear cut answer to this common inquiry.

Continue reading to learn when past traffic violations might be used against a criminal defendant during their trial, plus how to avoid the maximum penalties for your criminal charges.

Criminal Attorney Indianapolis Indiana 317-636-7514

The Difference Between Civil Court and Criminal Court

When it comes to understanding how previous traffic offenses and violations might be used against a defendant in criminal court, it is important to understand the difference between civil and criminal laws and court systems.

Civil law is the area of the American legal system that manages disputes or wrong-doings between private parties. Accordingly, civil court, also known as small claims court, deals mostly with civil cases disputing small amounts of money. Cases typically adjudicate claims regarding property damage, family law, divorce, property disputes, breach of contracts, landlord cases, wrongful terminations, personal injuries, and similar legal matters.

There are two primary types of criminal courts in the United States, state court and federal court. State courts are established by the state and may include local courts as well. Local courts are usually established by individual cities, counties, townships, or other types of common municipalities. They adjudicate cases that involve crimes that break laws set and enforced by the state (also known as state laws). In contrast, federal courts are established under the United States Constitution, and adjudicate cases that involve crimes that break laws passed by Congress.

Will Your Traffic and Driving History Have an Impact?

When it comes to traffic violations and offenses, the majority of them will fall under civil law, and therefore be dealt with in civil court. In most cases, traffic violations are dealt with at the county clerk’s office, courthouse, or the local BMV. Most of the time, violators simply need to mail in paperwork or fines to remedy any offenses. If you are somebody who has traffic violations on the record, it is not likely that they will be used for making any legal determinations during your criminal trial or sentencing.

When a Civil Case Can Become a Criminal Case

there are some traffic violations and offenses that can lead to criminal charges. In most cases, this includes offenses like, inebriated driving, drunk driving, pedestrian hit and runs, cyclist hit and runs, and causing a car accident as a result of punitive reckless driving. Not only can an offender face civil fines and penalties, but they can also be arrested and criminally charged for a DUI, leaving the scene of an accident, and more.

Are you worried about your pending criminal charges in Indiana? Contact Attorney David E. Lewis at 317-636-7514 to schedule a free initial consultation with a seasoned Indianapolis IN criminal defense lawyer you can trust. We also represent defendants charged in Indiana but who live in another state.

What Should I Do if I Get Pulled Over By Police?

Posted on February 18, 2022 by admin

At some point in your driving career, you are bound to be pulled over by police. It doesn’t mean that you’re guilty of a crime, or even suspected of one; but nonetheless, cop-stops and traffic violations do happen every day, so it is wise to be prepared and know how to behave if you ever look up and see those flashing emergency lights in your rear view mirror.

Criminal Lawyers Indianapolis Indiana 317-636-7514

Being Pulled Over is Not Always a Bad Thing

It is important to keep in mind that law enforcement is out there to protect us, even if that means from ourselves. So, when you see yourself getting pulled over by police, do not panic. It is very likely that they are pulling you over for something minor, such as a broken taillight. They might be pulling you over to help you with something, like an unscrewed gas cap or dangling license plate.

Courtesy and Cooperation Will Help Your Situation

In all cases of being pulled over by police, the most important thing to remember is that good behavior goes a long way. Whether you are guilty of something or not, if you are 100% cooperative and courteous to the on-duty officer, it is very likely that you will be treated with high regard and that your best interests (including your personal time) will be made a priority by them. Cops are ultimately here to help us and protect us, and if you let them do their job, your police encounter will go by a lot faster and end with a more desirable outcome, even if you are arrested.

Cop Stop Tips

If you are ever pulled over by law enforcement, whether driver or passenger, these are the steps that you need to remember and practice to the best of your ability:

▶ Pull to the Right. Pull over to the right shoulder of the road as soon as you know police are stopping you. Do not pull over to the left side. If you cannot access the right side of the road right away, drive a few feet longer, until you have adequate space to pull over.

▶ Stay Still. Do not move from your seat after stopping. Don’t even unbuckle your seatbelt or grab your purse. Remain perfectly still with your hands on the wheel while you wait for the officer to approach your window. You can reach for your car documents when the officer asks for them.

▶ Be Very Nice. Be polite and answer the police officer’s questions with respect. Although it is up to you on how truthful you want to be with them, the most important thing is that you speak to them in a respectful tone and courteous manner. Do not raise your voice, give attitude, show anger or frustration, call them names, or accuse them of anything. Do not be confrontational in any way.

▶ Oblige the Officer. Along with being respectful and courteous, it is important to oblige the officer by making him or her more comfortable. If it’s nighttime, turn on your interior cabin lights on so that they can see you. You can also do things like turn your car engine off and turn the radio down so that you two can converse more clearly. These little actions can work in your favor.

▶ Keep Conversation Short. It is important that you don’t speak too much when conversing with the police officer, especially if you are concerned that you might be guilty of a crime or have a warrant out for your arrest. It is better to say only what you need, answering the police officer’s questions directly and concisely, but not in excess. Talking too much could cause you to give up too much information, which could potentially incriminate yourself. More importantly, do not admit to any wrongdoing.

Where you recently pulled over by police and wrongly arrested for a crime, or you suspect that your rights were violated? Contact the Law Office of David E. Lewis at 317-636-7514 for superior and aggressive Indianapolis criminal defense you can count on. We can meet over the phone, via online video conference, or in person at our office.

5 Types of Probable Cause for DUI Traffic Stops

Posted on December 20, 2021 by admin

Although the facts will differ among all cases of drunk driving arrests, there is a general guideline that police officers use to determine probable cause in a DUI traffic stop. Continue reading to learn what signs and clues law enforcement look for to establish probable cause in a drunk driving arrest and what to do if you were recently charged with a similar offense in Indiana.

DUI Lawyers Indianapolis IN 317-636-7514

Reasonable Suspicion for Traffic Stops

When it comes to DUI traffic stops, it is important to understand the difference between reasonable suspicion and probable cause. In all cases of traffic stops, whether a driver has been drinking alcohol or not, law enforcement must have reasonable suspicion that a driver has committed a traffic violation or infraction before pulling them over. Once pulled over, law enforcement must then establish probable cause to make an arrest.

In order for a police officer to legally arrest a person for a DUI, there must be probable cause, which is evidence that supports an officer’s reasonable belief that a driver is intoxicated, or under the influence of a drug or controlled substance.

Reasons You Might Have Been Pulled Over for Drunk Driving

Both reasonable suspicion and probable cause can be a means to a DUI arrest. Police officers can use either principal, or both, to conduct a legal traffic stop and establish an arrest. The types of probable cause or reasonable suspicions can vary depending on each situation of intoxicated driving. However, these are the top 5 reasons why police officers pull people over and arrest them for drunk driving:

❶ Traffic Violations

Traffic violations are one of the top reasons why people are pulled over, regardless of alcohol involvement. Common traffic violations include expired license plates, illegal U-turns, illegal parking, failure to use turn signals, ignoring traffic signs, running red lights or stop signs, and most recently, texting and driving.

❷ Reckless Driving

Poor driving is another common reason why police officers pull people over. If a person is exhibiting bad or reckless driving, a cop can legally pull them over to conduct a traffic stop. Examples of reckless or bad driving include speeding, following too closely, failing to yield, ignoring traffic signs, driving too slow, and similar risky behaviors.

❸ Car Accidents

Speaking of risky behaviors, law enforcement can use the occurrence of a car accident to establish reasonable suspicion to question a driver. Whether you are at fault for a car accident or not, police can question you, and if it comes down to it, arrest you for a DUI. They would need to make some observations to establish a legal basis for arresting you, though. See below to learn more.

❹ Mid-Stop Observations

Once a police officer has pulled a driver over, they can continue their investigation by keeping their eyes open for tells or signs that a person has been drinking alcohol or using illicit drugs. A cop can establish probable cause and make a DUI arrest if they smell alcohol on your breath, hear you admit to having a drink earlier, see alcohol containers in your car, catch you in a lie, and more. Other signs that officers use as evidence of drunk driving include slurred speech, glossy or red eyes, dilated pupils, slowed movements, incoordination, insubordination, crying, and hostility.

BAC Testing

To really seal the deal and come in with some valid evidence to support their reasonable suspicion and probable cause, law enforcement relies on field sobriety testing and blood-and-alcohol (BAC) testing. Also known as chemical testing, a breathalyzer is one of the most common devices used during traffic stops to determine a driver’s level of alcohol in their system, and therefore, reveal how much they’ve had to drink within a 24 hour time period.

The legal limit is 0.08 percent BAC. If you blow this or more, you will be arrested on DUI charges. Upon being arrested, and with your consent, law enforcement will request to have your blood drawn and tested to confirm a precise BAC value.

Field sobriety testing is another strategy used by law enforcement to establish probable cause for a DUI arrest. Walking the line, touching the nose, and following the pen with the eyes are typical phases of a field sobriety test.

Were you recently arrested for a DUI or similar offense in Indiana? Contact the Law Office of David E. Lewis at 317-636-7514 for aggressive and skilled DUI criminal defense in Indianapolis, Indiana. Our teams work around the clock to reduce or dismiss your DUI penalties and avoid jail!

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Frequently Asked Questions About Police Breathalyzers

Posted on November 24, 2021 by admin

If you have ever been administered a breathalyzer test, you are familiar with how it works. Simply blow into the tube until you hear the beep. Then after a minute, a reading will appear. If a person is over the legal limit for alcohol, they will be arrested and detained for intoxicated driving. If they are not over the legal limit, they are generally issued a warning, or the police officer may choose to investigate further. Either way, it is important to know what a breathalyzer is and its purpose in law enforcement. Many people have questions about chemical tests, understandably, and are curious to find the right answers.

Continue reading to review some of the most frequently asked questions about breathalyzer testing, and who to trust for DUI criminal defense in Indiana.

DUI Lawyers Indianapolis Indiana 317-636-7514

Indiana Breathalyzer Testing FAQS

What is a Chemical Breath Test and What are They Used For?

If you are a licensed driver, you should be aware of Indiana DUI laws. When a person is pulled over for suspicion of intoxicated driving, one of the first things a police officer will administer is a chemical test, also known as a breath test. And these tests are implemented with a device called a breathalyzer.

Although they are likely to perform field sobriety tests as well, it is the breathalyzer that truly defines a driver’s toxicity levels, which is why they are used so predominantly in the force. In fact, the Indiana legislature has an entire administrative code (260 IAC 2-1) section drafted specifically for chemical testing. It addresses everything from how they are certified and how they should be administered, to who can administer them and more.

What are the Legal Limits for Alcohol and Driving in Indiana?

There are three specific limits to alcohol levels in the system when operating a motor vehicle, but one of them is not legal at all. For minors, a driver is considered legally intoxicated if they test over 0.02% blood alcohol level. If they test below this number, they are still breaking the law since they are not old enough to drink. But they cannot be charged with a DUI since they did not blow over the 0.02% limit. As for adults, the legal limit is 0.08% and under, and for commercial drivers, the limit is 0.04 percent.

Who Can Order and Administer a Breathalyzer Test?

Although as a driver under investigation for drunk driving, you can certainly request a breath test over a field sobriety test, but this does not mean the officer will always oblige. The only authority that is allowed to order and administer a chemical test is a police officer or someone employed by the police academy.

How are Qualified Authorities Trained in Breath Testing?

In order for officers and other authoritative figures to be certified in breath and chemical testing, they must pass a training program that covers several topics. Topics include the legal aspects of breath testing, the pharmacology and toxicology of ethanol, the operation, maintenance, and theory of breath testing equipment, and the ethanol-water and ethanol-gas industry standards for using chemical testing instruments. Authorities must be re-certified every two years and maintain good-standing employment.

Who Should You Talk to About Your Breathalyzer Rights?

Contact an experienced and trusted Indiana criminal defense attorney in your city for accurate information regarding your rights under law enforcement detainment. If your breathalyzer was administered improperly or unjustly, it could be thrown out of trial. A licensed criminal lawyer can help you protect your rights and your freedoms after being pulled over for drunk driving in Indiana.

Are you facing OWI charges in Indiana and wish to dismiss or reduce them? Contact Attorney David E. Lewis at 317-636-7514 to speak with a skilled and aggressive DUI defense lawyer in Indianapolis, Indiana. Act fast so that you may avoid the maximum penalties for your charges!

Do I Need a Criminal Lawyer to Reinstate My Suspended License?

Posted on November 2, 2021 by admin

Has your license been suspended? Whether your license was suspended recently or some time ago, it is never too early or too late to fight it. If you wish to have your driving privileges reinstated, your best chance at success is to retain the counsel of a skilled and experienced Indianapolis criminal defense lawyer.

Continue below to learn why a lawyer is important to the outcome of your driving future and freedoms, as well as how to get started on your petition to turn around your suspended drivers’ license in Indiana.

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Facts About Suspended Driving Privileges in Indiana

Drivers’ licenses are suspended for a variety of reasons, most commonly, serious traffic violation citations and excessive speeding tickets or accumulated points. Another frequent reason licenses are suspended are due to intoxicated driving arrests. If a person is arrested for operating a motor vehicle under the influence of drugs, alcohol, or other controlled substance, they will likely be subjected to a suspended drivers’ license as part of their sentencing.

Also, if a driver refuses a breath or chemical test from a law enforcement officer, the driver’s driving privileges are instantly suspended for 6 months in Indiana. At the time of registration, all drivers agree to this penalty. You must sign in accordance with this regulation if you want to be a legally, registered driver.

Most drivers’ license suspensions fall between 90 days and 6 months, but some can be ordered to up to 5 years, including probationary driving terms. Additional reasons why drivers’ licenses are suspended:

▷ Lack of Auto Insurance
▷ 18+ Active Points
▷ Driving While Suspended
▷ Failure to Appear for Court
▷ Past Due on Indiana Traffic Ticket
▷ Failure to Pay Traffic Fine

How to Reinstate a Suspended Drivers’ License

First and foremost, to anyone who has been charged with a DUI/OWI, you only have 10 DAYS from the time of arrest to protect your driving privileges. Act FAST and contact an Indianapolis criminal attorney as soon as you have access to a phone. Those charged or convicted of a DUI may be entitled to a “hardship” or “probationary” license, which is now referred to as specialized driving privileges (SDP).

For all other suspended drivers’ license cases, it is still required to hire a skilled criminal lawyer for help recovering your driving privileges. They will ensure that all proper forms and documents for license reinstatement are completed properly and on time, and then fight for your driving rights and freedoms in Indiana traffic court and appellate court.

During the reinstatement process, your attorney can help get your active points reduced or eliminated from your driving record, direct you on how to pay fines and make restitution, help you enroll in a driver’s safety program, and even have your name removed from the Previously Uninsured Motorists registry.

Not sure who to trust with your drivers’ license reinstatement legal needs? Contact the Law Office of David E. Lewis at 317-636-7514 to connect with one of our esteemed criminal defense attorneys in Indianapolis, Indiana. We can meet over the phone, via online video conference, or in person at our office.

Top Myths About Breathalyzer Tests

Posted on August 20, 2021 by admin

Whether it is a breathalyzer test or an intoxilyzer test, law enforcement knows that there is no way you can trick a breath-testing device. However, many drinkers mistakenly beg to disagree. There are several myths circulating through society about breathalyzer testing and how to pass a breath test after drinking alcohol; but believing these myths can and will get a person in trouble.

Continue reading to learn the top myths about breathalyzer tests, and how to protect yourself if you were recently charged with A DUI or OWI in Indiana.

Indiana DUI Criminal Defense 317-636-7514

Breathalyzer Testing Myths and Misconceptions

Sucking on a Penny

For many decades now there has been a rumor going around suggesting that if you suck on a penny, you can pass a breathalyzer test. But this is very false. Furthermore, coins are incredibly unsanitary, so you should never put them in your mouth. Besides, if a police officer catches you with a penny in your mouth before they administer their breath test, it can be used against you by the prosecutor who may suggest that you knew you are guilty and were trying to conceal your intoxication.

Refusing a Breath Test

Many people believe that if you refuse a breathalyzer, law enforcement has no way to retrieve blood alcohol content (BAC) evidence against you, and therefore, cannot charge you for an intoxication offense. Not only is this completely untrue but refusing a breathalyzer when requested by law enforcement is a separate offense in itself and will immediately suspend your driver’s license for six months without any questions. Here in Indiana, when you register your vehicle, you automatically consent to breathalyzer testing, and agreed to driver’s license suspension in the event that you refuse one.

Drinking Vodka

There is a rumor that suggests that if you drink vodka over all other alcoholic beverages, the smell cannot be detected on your breath by law enforcement if you are ever pulled over or stopped for questioning. But this rumor is untrue as well. Any sort of liquor will have a distinct scent on a person’s breath, and when you’ve been drinking you become nose blind to the smell. Just keep in mind that officers are sober, which means they have a heightened sense of smell for things like liquor and marijuana.

Were you recently arrested for an intoxication offense in Indiana? Contact the Law Office of David E. Lewis at 317-636-7514 for aggressive and skilled DUI criminal defense in Indianapolis, Indiana. Our teams work around the clock to reduce or dismiss your DUI penalties and avoid jail!

You Should Also Read:

Advice for Parents Whose Kids Drive Drunk
What You Should Do if You are Pulled Over for a DUI
When You Might Go to Jail for a DUI