Before we discuss the Indiana DUI laws, we should mention that we frequently hear some people use the term DUI and others use the term OWI.  So, before we get into the heart of this article, let’s clear up this frequently asked question:

“What is the difference between a DUI and an OWI in Indiana?”

In Indiana, when you operate a vehicle under the influence of alcohol or drugs you can be charged with Operating a Vehicle While Intoxicated (OVWI). While it is technically called an OVWI under the Indiana OWI Laws, in this article, we will use the terms DUI or OWI (Operating While Intoxicated) interchangeably because that’s what most people call it.

While we will discuss some of the issues that are common under the Indiana DUI laws, this article is NOT a substitute for legal advice if you are facing criminal charges in Indiana.  It is extremely important that you contact an Indianapolis DUI attorney to discuss the specific facts of your case.

As a quick preview, in this article we will discuss the following five topics:

  1. The Indiana DUI Laws
  2. The Indiana DUI Penalties
  3. Indiana DUI License Suspension
  4. How Does an Indiana DUI case work; and
  5. Defenses to The Indiana DUI laws.

Let’s Begin.

 What are the Indiana DUI laws?

The best place to start is the Indiana DUI statute / Indiana OWI Statute.  The Indiana DUI laws make it illegal for a person to operate a motor vehicle with a specified amount of alcohol or controlled substance in the body.  Specifically, the Indiana DUI statute, Indiana Code 9-30-5-1, states:

      (a) A person who operates a vehicle with an alcohol concentration equivalent to at least eight-hundredths (0.08) gram of alcohol but less than fifteen-hundredths (0.15) gram of alcohol per:

          (1) one hundred (100) milliliters of the person’s blood; or

         (2) two hundred ten (210) liters of the person’s breath;

     commits a Class C misdemeanor.

     (b) A person who operates a vehicle with an alcohol concentration equivalent to at least fifteen-hundredths (0.15) gram of alcohol per:

          (1) one hundred (100) milliliters of the person’s blood; or

          (2) two hundred ten (210) liters of the person’s breath;

     commits a Class A misdemeanor.

     (c) A person who operates a vehicle with a controlled substance listed in schedule I or II of IC 35-48-2 or its metabolite in the person’s body commits a Class C misdemeanor.

     (d) It is a defense to subsection (c) that the accused person consumed the controlled substance in accordance with a valid prescription or order of a practitioner (as defined in IC 35-48-1) who acted in the course of the practitioner’s professional practice.

Can I be convicted of a DUI in Indiana if my BAC is less than .08?

While it is not common, it is possible to be convicted of a DUI in Indiana even if your BAC is less than .08.  There is a basic Operating While Intoxicated charge that does not have a BAC level attached to be convicted.  This could happen if the blood alcohol test was excluded from evidence for some reason or even if the BAC was less than .08.  To prove that a Defendant was operating while intoxicated, even though the BAC was less than .08, the State of Indiana would use evidence such as the testimony of the officer regarding a Defendant’s failure of the field sobriety tests, confusion, slurring of speech, or other evidence, to prove to the judge or jury, beyond a reasonable doubt, that a person was operating a vehicle while intoxicated.

Metabolite DUIs and OWIs in Indiana

A metabolite is a byproduct of the body breaking down, or “metabolizing”, a drug into a different substance.  The process of metabolizing a drug is predictable and happens in everybody who ingests any drugs, legal or not.  But when you use drugs, the metabolites can stay in your system long after you use the drugs.  Each drug metabolizes differently and is not completely out of your system.  The length of time a certain chemical stays in the body or continues to show in a drug test depends on many factors. These include:

DUI for drugs under Indiana DUI Laws

The presence of drug metabolites in your system is enough for a conviction under the Indiana DUI Laws, even if you are not intoxicated at the time.

  • How much body fat a person has;
  • How often they consume the drug;
  • How much someone smokes; and
  • The sensitivity of the drug test.

One very important distinction about drugs and DUIs in Indiana is that the presence of metabolites in your system is enough to charge and convict you of a DUI. With alcohol, you are not allowed to operate a vehicle above a certain BAC – .08.  But with Schedule I or II drugs, even if you smoked marijuana or used drugs two weeks ago and are not feeling the effects today, having THC metabolites or the metabolite of any Schedule I or II drug in your system while operating a vehicle is against the law in Indiana and can form the basis for a conviction.

You should also know that the Indiana DUI statute states that:

It is a defense to subsection (c) that the accused person consumed the controlled substance under a valid prescription or order of a practitioner (as defined in IC 35-48-1) who acted in the course of the practitioner’s professional practice.

So, for example, if you have a valid prescription for Adderall, which is an amphetamine, this could be a defense to operating while intoxicated under the Indiana DUI metabolite section.  However, other factors could come into play, such as a Defendant drinking a small amount of alcohol along with a valid prescription, which may not be recommended or allowed.  This could form the basis for a conviction.

Indiana DUI Penalties

The first question most people arrested for DUI in Indiana want to know is what are the potential penalties if found guilty of a DUI in Indiana?  The answer to this common question depends on two other questions:

  • How were you charged for the DUI?; and
  • Do you have a prior DUI in Indiana?

Under the Indiana DUI laws, DUIs in Indiana can be charged as a misdemeanor(s) or as a felony depending on the facts and circumstances of your case.  But the penalties also depend on if you have a prior DUI in Indiana.  If so, as you will see, there are certain minimum penalty requirements.

Levels of Potential DUI Charges and Sentence Ranges in Indiana

To start, if you operate a motor vehicle with a BAC of .08 to .14 or a Schedule I or II metabolite in your system, you can be charged with a Class C Misdemeanor.  This is the lowest possible criminal charge in Indiana.  Also, as we discussed, you can be charged with Operating While Intoxicated without an attached BAC, which is also a Class C Misdemeanor.

However, under the Indiana DUI laws, if you operate a vehicle with a BAC in .15 or above, or if you operate a vehicle that endangers a person, you can be charged with a class A Misdemeanor.

Now, if you have been convicted of a DUI in the last seven (7) years (this was changed from five years in 2019), or if you are over the age of 21 and have a passenger in the vehicle with you who is under 18 years old, you can be charged with a Level 6 Felony under the Indiana DUI laws.

If you have a previous conviction for a DUI that caused a death, catastrophic injury, or serious bodily injury to a person, you can be charged with a Level 5 Felony.  And, if your DUI caused a death or catastrophic injury to a person, you can be charged with a Level 4 Felony.

In a previous article, we discussed the different criminal sentencing guidelines for misdemeanors and felonies in Indiana and we explained what each of the terms mean. We also discussed that even if you are sentenced to 1 year in jail, all of that sentence could be suspended to probation.  But for quick reference, below are the possible sentence ranges for DUI convictions in Indiana:

Level/ClassSentences (Min. – Max.)Advisory SentencePotential Fine
Level 4 Felony  2 years – 12 years6 years$0 – $10,000
Level 5 Felony  1 year – 6 years3 years$0 – $10,000
Level 6 Felony6 months – 2.5 years1 year$0 – $10,000
Class A Misdemeanor  0 days – 1year$0-$5,000
Class C Misdemeanor  0 days – 60 days$0 – $500

 What constitutes endangerment under the Indiana DUI laws?

The Indiana cases interpreting the Indiana DUI laws have held that some evidence beyond intoxication is required to prove endangerment. In 2015, the Indiana Court of Appeals held that the defendant’s failure to stop at a stop sign established the endangerment element of operating a vehicle while intoxicated.  Likewise, the Indiana Court of Appeals held that excessive speeding and crossing the center yellow line was enough to establish the endangerment element because the defendant operated a vehicle that endangered any person, including the public, the police, or the defendant.

How much jail time will I have to serve for a DUI in Indiana?

First off, almost everyone who is arrested for a DUI in Indiana, first time or otherwise, will likely spend some time in jail after being arrested. Often, it is less than a day.  However, if it is a weekend, holiday, or if the DUI resulted in serious bodily injury, it could be longer.  Ultimately, how long you spend in jail before trial could come down to the amount of bail/bond and its affordability to you.  The more serious the charge, the higher the bail/bond amount.  Also, if you have pending charges elsewhere, are on probation, or have an active warrant, you could be held for much longer.

How much jail time you spend for DUI depends on a number of factors.

But, after the case is decided, either through a plea agreement or after a trial, how much time you will spend in jail for a DUI conviction?  The answer again is it depends.  It depends on which Indiana county where you receive a conviction.  Some Indiana counties have stricter punishment than others.  Even within the same county, there can be a difference depending on the judge. Some counties or judges allow for sentences to be served on home detention and others do not.  Some counties require a minimum amount of jail time even for a first-time conviction, others do not.  It can also depend on if someone else was hurt or if there was an accident.  Judges and prosecutors have a lot of discretion when it comes to sentencing and the offering of plea agreements.  You should speak to a qualified Indianapolis DUI attorney to discuss the specific facts of you case.

Under the Indiana DUI laws, the amount of jail time you MUST serve for a DUI in Indiana depends on if you have prior DUI convictions.  As seen in the chart below, there are minimum sentencing requirements depending on the number of prior convictions:

DUI / OWI Offense  #1st Offense DUI / OWI2nd Offense DUI / OWI3rd Offense DUI / OWI
Jail Time Required 

There is no amount of minimum jail time required.

 

The actual amount of jail time served, if any, will depend on level of conviction, the county, and the particular judge.

 

There is a five (5) day minimum or 240 hours of community service.

 

The actual amount of jail time served will depend on level of conviction, the county, and the particular judge.

 

 

There is a ten (10) day minimum or 480 hours of community service.

 

The actual amount of jail time served will depend on level of conviction, the county, and the particular judge.

 

License SuspensionFor a C Misdemeanor, up to 60 days license suspension.

For an A Misdemeanor, up to 365 days license suspension.

 

 

At least a one (1) year license suspension is required by the Indiana DUI Laws.

 

 

At least a one (1) year license suspension is required by the Indiana DUI Laws.

Indiana’s Habitual Vehicular Substance Offender Statute (HVSO)

The HVSO is a sentencing enhancement.  It cannot be a charge on its own but enhances the sentencing of an underlying conviction. In other words, it allows the judge the discretion to sentence an offender for a longer period than the underlying charge would allow.  It’s similar to the “three strikes you’re out” law for people convicted of multiple DUIs in Indiana.

According to I.C. 9-30-15.5-2:

Sec. 2. (a) The state may seek to have a person sentenced as a habitual vehicular substance offender for any vehicular substance offense by alleging, on a page separate from the rest of the charging instrument, that the person has accumulated two (2) or three (3) prior unrelated vehicular substance offense convictions. If the state alleges only two (2) prior unrelated vehicular substance offense convictions, the allegation must include that at least one (1) of the prior unrelated vehicular substance offense convictions occurred within the ten (10) years before the date of the current offense.

What does this mean? Well, if a person has been convicted of two previous DUIs and one of those convictions occurred in the last 10 years, the Indiana DUI laws allows the person to be charged with being a HVSO. Also, if a person has three prior convictions of DUI, then it does not matter if it was 10 years ago or longer, the person can be charged with being a HVSO. Here is an example of how this works.

Let’s say a person is 45 years old now and is now charged with a DUI in Indiana.  That person was previously convicted of two prior DUIs, one when they were 18 years old and another when they were 25 years old. The State of Indiana cannot charge the person with a HVSO because both prior convictions occurred more than 10 years ago (e.g. when the person was 18 and 125 years old).

However, if we change the facts, the results are different. Let’s say a person is now 55 years old and is now charged with a DUI in Indiana. That person has three (3) prior convictions for a DUI, instead of two. There were convicted when they were 18, 25, and 31 years old. Since that person has three prior convictions, the 10-year rule doesn’t apply, and the HVSO sentencing enhancement can be added to the charges.

Why is this important? Because the HVSO sentencing enhancement is an additional 1 year to 8 years of imprisonment on a sentence if a person is convicted of the new DUI.  So even if a person is convicted of a Class C Misdemeanor DUI (remember its only 60 days of jail in Indiana), they are now facing a potential 1- 8 years of prison time on top of that 60 days.

As you can see, the penalties increase for consecutive DUI convictions in Indiana. There are several nuances and pit-falls when it comes to the HVSO. It is critical that you contact an Indianapolis DUI attorney at your earliest convenience to talk about the consequences of a DUI, especially if you have been convicted of a DUI before. You need to speak to an experienced attorney who has dealt with HVSOs and sentence enhancement cases before.

Indiana DUI License Suspension

How long do you lose your license for a DUI in Indiana?

There are two types of suspension in Indiana when it comes to DUIs.  The first is an administrative suspension by the Bureau of Motor Vehicles (BMV). The BMV will “administratively” suspend your license for 180 days if you fail a certified chemical test.

If you refuse to take a chemical test, the BMV will suspend your license for one year. However, if you have a prior DUI conviction and refuse a chemical test, the BMW will suspend your license for two years.

The second type of suspension is a court-ordered suspension.  The amount of time the court can suspend your license depends on the maximum amount of incarceration for the offense. So for a Class C Misdemeanor it’s 60 days, for a Class A Misdemeanor its up to 365 days, etc.

If you plead guilty, or are found guilty at trial, and a 60 days license suspension is imposed, this will change the automatic 180 day suspension already imposed by the BMV.  Also, the Court will likely backdate your suspension to the date your license was suspended by the BMV.   Therefore, you may have your license back very soon after a dismissal, guilty plea or trial depending on the length of the Court ordered suspension.

Keep in mind that previous convictions for a DUI will also increase the amount of time your license is suspended. Therefore, it’s important that you contact and Indianapolis DUI attorney to talk about the specific facts of your case.

Can I receive a hardship license in Indiana?

A hardship license in Indiana is now called Specialized Driving Privileges (“SDP”). If granted by the Court, Specialized Driving Privileges allows people to drive to certain places if their license is suspended because of a DUI. These include work, places of worship, grocery stores, childcare, school, and other necessary locations.

Most people who have their license suspended due to a DUI will qualify for a Specialized Driving Privileges. You do NOT qualify if you have never been an Indiana resident, you refused to submit to a chemical breath test, or if you previously were granted Specialized Driving Privileges and you violated it more than once. You also cannot get a Specialized Driving Privileges for your CDL license. There are other restricted persons as well so you should speak to a qualified attorney to find out if you qualify.

If you are granted a hardship license in Indiana, it will be for a minimum of 180 days but not longer than two and half years. You need to contact an Indianapolis DUI attorney to discuss if you are eligible for an Indiana hardship license.

How Does an Indiana DUI Case Work?

Stages of a DUI Case in Indiana

First of all, each and every DUI case in Indiana is different. Not every case is the same and you should contact an Indianapolis DUI attorney to talk about the specific facts of your case.  But in general, most DUI cases in Indiana have the following stages or events that occur in the following order.  However, it may differ in your case.

The DUI Stop in Indiana

Most DUIs in Indiana typically result from a police officer observing a driver committing a traffic infraction. This could be speeding, failure to use a turn signal, crossing the center line, or any other numerous traffic infractions. Occasionally, drivers can be stopped at DUI or Sobriety Checkpoints. Indiana courts have held that DUI checkpoints are legal and are used by law enforcement regularly in Indianapolis and surrounding areas.

Once a police officer stops a vehicle and suspects that a person is intoxicated, they will begin to develop the “probable cause” to arrest the individual. This occurs because the officer may smell alcohol emanating from someone’s breath of the vehicle, or because a person’s speech is slurred, or because their eyes are glassy.  The officer will then typically ask if and how much a person has had to drink, smoke, or consume, plus other questions to gauge a person’s response time and interaction. The officer may ask for a driver’s license and proof of insurance to see if a person is fumbling around and if their motor skills seem normal.

The police will typically ask a person to step out of their vehicle and perform Field Sobriety Tests (FSTs) to determine how impaired a person may be. The most common FSTs are the Horizontal Gaze Nystagmus Test (tracking the tip of a pen as it goes up and down/left and right), the Walk and Turn, and the One-Legged Stand.

However, the police officer may skip FSTs if a person appears so intoxicated that they cannot perform the tests or that they may injure themselves if they try. A common question people ask is, “If I am pulled over, can I refuse to conduct Field Sobriety Tests?” Legally, the answer is yes, but understand that you can still be arrested if the officer suspects you are intoxicated.

Also, if the officer has reasonable suspicion that you are intoxicated, the officer may ask a person to blow into a Portable Breath Test (“PBT”).  This is a little hand-held device that the officer keeps in his or her vehicle. Three very important points about the PBT:

Portable Breath Tests Under Indiana DUI Laws

  1. The PBT is not the same thing as a certified chemical breath test (“CBT”).
  2. You can legally refuse to take a PBT in certain circumstances (NOT A CBT).  However,  if you were involved in an accident involving a fatality or serious bodily injury and you refuse a PBT (or a CBT), you are committing a Class C infraction and your license can be suspended for at least  one (1) year, two if you have a prior DUI.
  3. Third, the amount you blow in a PBT is inadmissible and cannot be used at trial against you to prove you are guilty.

Once the officer has completed the roadside investigation, you will typically be asked to consent to a certified chemical test. This chemical test is a machine that weighs about 18 pounds and is located at the jail or police station. Do you have the right to refuse a certified chemical test?  The answer is cautionary yes, because if you refuse to take a certified chemical test, your license will automatically be suspended for at least a year – two if you have a prior DUI.

When you were issued your driver’s license in Indiana, you agreed to submit to a certified chemical test if offered by a law enforcement official. This was a condition of receiving your license. If you are unable to complete the certified chemical breath test due to intoxication, or if the officer suspects drug use, the officer may request a warrant to draw your blood to determine if you are intoxicated.

The DUI Arrest in Indiana

If arrested for a DUI in Indiana, a person will be taken to the local jail. We do not recommend a person try to “talk your way out of an arrest.”  Instead, you should exercise your right to remain silent and do not talk about the case.  Depending on which county you are arrested in, you might be recorded in the police vehicle.

Arrest under Indiana DUI Laws

Each county is different, but as we mentioned earlier, when a person is released from jail depends on several factors. The most important is the bond and any conditions of the bond. Depending on the county and level of intoxication, you could even be released on your own recognizance (OR’d) without bond. You will be given a piece of paper with your Initial Hearing information.

This could be just a few days or several weeks later. Either way, you should contact an Indianapolis DUI lawyer as soon as you are released to discuss your case.

The Initial Hearing in Indiana

The Initial Hearing is almost always the first hearing in a DUI case in Indiana.  This is similar to what most people know as an Arraignment.  At the Initial Hearing, a Defendant will be explained their rights, which include the right to have an attorney, the right to a public and fair trial, the type and level of charges the State of Indiana is charging you with, and several other rights. The court will generally enter a plea of not guilty for a defendant at this point.  It is important that a person speak to an Indiana attorney prior to pleading guilty to any crime.

The Initial Hearing is generally also where the Court will order a person’s license suspended in an Indiana DUI case, if there is probably cause to suspend the license.

You will also be provided a copy of the charges (called the Information in Indiana) and the Probable Cause Affidavit. If available, you will also be provided a “Longform” Probable Cause Affidavit. This is unique to a DUI in Indiana and has a lot of critical information regarding the case.

The case will also be set for future hearing dates that include a Pre-Trial Conference and a Trial. Your attorney may be able to waive this Initial Hearing and enter a plea of not guilty on your behalf.  If so, you would not need to attend.  BUT this is ONLY if you have an attorney AND the Court has granted the waiver of the Initial hearing.  Otherwise, failure to show up at any Court hearing will most likely lead to a warrant being issued for a person’s arrest.

Discovery in an Indiana DUI Case

The discovery phase in an Indiana DUI case takes the longest amount of time. The State of Indiana is required to provide all evidence it will use against you to you or your attorney prior to your trial. That does not necessarily mean that you will be given copies of everything; but it does mean you will have access to the evidence being offered by the State of Indiana prior to the trial.  Your attorney will review the evidence to determine if any potential defenses exist.

Indianapolis DUI Lawyer

A DUI Lawyer can review the documents and evidence provided by the State of Indiana in discovery to determine any defenses under the Indiana DUI laws.

This will include any results from a certified chemical test or the toxicology report if your blood was drawn. Depending on the county you are arrested in, toxicology reports can take several months to complete. This is also the period of time where you and your attorney will work together to review the evidence provided by the State of Indiana and work on gathering any evidence on your behalf.

Pre-Trial Conferences and Final Pre-Trial Conferences In Indiana DUI Cases

Pre-Trial Conferences are hearings were the Defendant, and his/her attorney, show up to Court and inform the Court whether the case is still scheduled to proceed to trial, whether either party is requesting the trial be continued, to discuss the status of plea negotiations with the Court, or discuss any other pending issues with Court. Also, Pre-Trial Conferences are also often the time when a Defendant’s attorney will meet with the prosecutor to discuss issues and/or plea negotiations. Failure to attend a pre-trial conference by a Defendant will most likely result in a warrant being issued for a Defendant’s arrest.

A Final Pre-Trial Conference is the Pre-Trial Conference before the trial. If the trial needs to be delayed (called a continuance in Indiana) for any reason, this is the final opportunity to request the Court continue the trial. This is also the opportunity for a Defendant and his/her attorney to ask the Court for last minute rulings on evidence and requests before the trial.

Trial in an Indiana DUI Case

There are two types of trials in an Indiana DUI Case: a Bench Trial or Jury Trial.  The level of your DUI charges (misdemeanor or felony) will determine what type of trial you are initially assigned.  If you are charged with a misdemeanor DUI in Indiana, your case will automatically be set for a Bench Trial. If you are charged with a felony DUI in Indiana, your case will be set for a Jury Trial. However, it is possible to have a Misdemeanor DUI Jury Trial in Indiana. There is a deadline to request a Jury Trial and you should speak with an Indianapolis DUI attorney about the facts of your case.

Indiana DUI Laws Trial - Indiana OWI Laws Trial

A Bench Trial in Indiana will have a judge act as the factfinder and the judge will review the evidence and argument presented by the parties and will ultimately make the decision on whether you are innocent or guilty of a DUI.

Evidence can be in the form of testimonial evidence from witnesses or physical evidence such as documents, reports, items, etc. The judge will also determine what your sentence (punishment) will be if you are found guilty. Depending on the amount of evidence presented, this can take a few hours or several days.

A Jury Trial in Indiana is different from a Bench Trial. In a Jury Trial, members of the county in which your case is located will be called in for jury duty and will review the evidence presented and determine whether you are innocent or guilty.

If you are charged with a Misdemeanor (and request a jury) or Level 6 Felony DUI, your jury will consist of 6 people and 1 alternate juror. An alternate juror is chosen in case any of the 6 jurors are excused for any reason during the trial. But, if you are charged with a Level 5 DUI in Indiana, you will have 12 jurors and 2 alternates chosen.

Whether a bench trial or a jury trial, the State of Indiana has to prove beyond a reasonable doubt that you were operating a vehicle while intoxicated or with a Schedule I or II metabolite in your system.  Jury Trials are generally more complicated and time consuming for reasons beyond the scope of this article. You should speak with a qualified Indianapolis DUI attorney about your case to determine whether a Jury Trial or Bench Trial is right for you.

Defenses To The Indiana DUI Laws

Defending against a DUI in Indiana is always based on the facts of each case.  You should contact an experienced Indianapolis DUI attorney to discuss the Indiana DUI laws and defenses.

Challenging a DUI Stop in Indiana

One of the first defenses to a DUI in Indiana is challenging the stop which led to the DUI arrest.  Police officers are prohibited from stopping a vehicle just because they have a gut-feeling or hunch that someone is intoxicated. The justification for the stop needs to be based on “reasonable suspicion” that a driver appears to be intoxicated or another reasonable traffic violation.

This is typically a low burden and usually the police officer can articulate that a driver was speeding, swerving, hitting objects with the vehicle, or violating any of the other thousands of traffic laws in Indiana.  However, most police vehicles have dash cameras and this may be challenged with the dash camera.  Successfully challenging the stop of the vehicle could result in any evidence obtained by law enforcement, including the chemical test results and statements of a Defendant, being ruled as inadmissible at trial.

Challenging the Field Sobriety Tests in Indiana

Another defense to Indiana DUI charges is challenging the Field Sobriety Tests (“FSTs”). FSTs, as described above, must be conducted in accordance with the National Highway Traffic Safety Administration (NHTSA) standards. These standards are presented in a manual, and must be followed by law enforcement. Furthermore, the police officer who conducts the FSTs must have received proper training on administering the FSTs.

Even if the FSTs were conducted in accordance with NHTSA standards, and by a police officer who received proper training in conducting FSTs, there may be another reason as to why someone would fail an FST. These include: the weather conditions outside, the type of surface the FSTs were conducted on, they type of shoes or footwear the person was wearing, any medical conditions that could impact a person’s balance and/or issues of fatigue.

Challenging the DUI Chemical Test in Indiana

Also, the chemical breath machine at the police station or jail (discussed above) needs to be regularly calibrated and certified in order to be admissible in Court. Some questions that an experienced Indianapolis DUI attorney can ask are: when was the machine last calibrated; when does the certification expire for the person who operated the machine; what solution did the person use to clean the machine; was the person suffering from acid reflux when they were administered the test; what where the environmental factors when the test was conducted; and what other medical conditions could have present to give a higher than normal reading?

Finally, any collection of blood from a Defendant must be conducted, tested and stored in accordance with the Indiana Department of Toxicology guidelines and regulations. If the blood sample was improperly stored, collected, or tested, you may have a defense that would render the blood sample inadmissible in Court.

There are other potential defenses as well, but like most of the above defenses, they are all fact-sensitive to what happened in each case.  If you have questions about a potential defense to Indiana DUI charges, you should contact a qualified DUI attorney to discuss your questions, the facts, and begin the process of defending against a potential conviction.

Schedule a Free Consultation with an Indianapolis DUI Lawyer Today!

While this article contains a lot of information regarding the Indiana DUI Laws, it is NOT a substitute for speaking to a qualified Indianapolis DUI lawyer.

If you are facing DUI/OWI charges in Indiana, it is important you speak to a qualified criminal defense lawyer to discuss the specific facts of your case.  The attorney can determine if you may be eligible for a pretrial diversion, whether there are any evidence or suppression issues, discuss potential plea bargain options, or answer any other questions you may have in general.

Too often clients come to me with issues after they have pleaded guilty to a crime, despite not having an attorney.  I strongly suggest you speak to a qualified criminal defense attorney before pleading guilty to any crime.  You may be eligible for a diversion, a suspended sentence, or even a dismissal of the charges against you.

Indianapolis DUI Attorney

Avnet Law understands the issues, the law, and can advise you regarding the Indiana DUI laws and any potential defenses you may raise.  Avnet Law represents clients charged with crimes in Indianapolis, Noblesville, Fishers, Carmel, Westfield, and Central Indiana.

Call 1-877-77-AVNET to Schedule a Free Consultation with an Indianapolis DUI lawyer today or contact us below with any questions you may have about your case.

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