When you’re pulled over and facing a police officer who believes you’ve been drinking or are under the influence of drugs, you probably are wondering what options you have. There are no good options at the time of a stop. Under Indiana law, which includes implied consent, if you do not agree to submit to a breathalyzer test, you will be facing an automatic driver’s license suspension of up to one year.
If you take the test and the results come back as between .05 and .08 blood alcohol content (BAC) you’re going to be facing a DUI charge. Even those drivers who are taking a prescription drug could be facing a driving while impaired (DWI) charge if the officer believes your driving warrants such a charge.
These charges are serious, even if it’s your first charge because if you’re found guilty, it means you’ll have a record and the next time, you’ll be facing steeper fines, loss of your license, and a treatment program. Therefore, it’s important to have an attorney who will mount an aggressive defense on your behalf.
Keep in mind, even a failed breathalyzer test doesn’t mean a conviction. These machines have several issues which most criminal defense attorneys are aware of in Indiana, and all over the United States. Poorly trained operators, faulty upkeep, and bad calibration often mean the results of these tests cannot be relied upon in court.
Whenever you’re pulled over and asked questions about whether you’ve been drinking, your best option is to not answer. Don’t lie and say you haven’t been drinking if you have, don’t indicate you’ve had a drink or two, and don’t implicate yourself in any way. Doing so hands the prosecution the information they need to secure a conviction. Instead, refuse to answer any questions and let the officer know you wish to contact an attorney.
Contact Levin Law, LLCs Indianapolis office if you’re facing a DUI charge in Indiana. We’ll review the circumstances of the stop, review any results of tests the arresting officer used, and we’ll mount an aggressive defense to help keep your driving record clean and your criminal record free from a DUI conviction.