Are you facing a DUI charge in Indiana? You might be able to have it dismissed. Indiana law provides several pathways for dismissal, including police misconduct, inaccurate test results, and lack of probable cause. Additionally, a seasoned DUI attorney can be your best ally, using their knowledge to challenge evidence and negotiate with prosecutors. For those eligible, Indiana’s conditional deferral programs offer an alternative route, potentially dismissing charges upon successful completion of certain requirements like treatment or community service. Dive into the specifics and explore how understanding these elements can significantly alter the outcome of a DUI case.
Key Takeaways
- Indiana law may dismiss DUI cases due to police misconduct, inaccurate test results, or lack of probable cause.
- Hiring a qualified DUI attorney is crucial for case evaluation, evidence challenge, negotiation with prosecutors, and court representation.
- Indiana’s conditional deferral programs can lead to DUI dismissal if specific criteria like treatment or community service are fulfilled.
Understanding the Grounds for DUI Dismissal
Within the complex structure of Indiana law and specifically under Indiana DUI laws, there are specific scenarios that may result in the dropping of a DUI charge. These scenarios fall into three categories: misconduct by police officers, imprecise results from testing, and an absence of reasonable grounds for suspicion. Possessing comprehensive knowledge about these aspects is critical in crafting an effective defense against a DUI accusation.
Police Misconduct
Misconduct by police officers, such as not informing you of your Miranda rights, can critically impact the strategy used in defending against DUI charges. These rights are meant to make suspects aware they have the option to not speak and to seek legal representation. If law enforcement fails to advise you of these rights upon being taken into custody, it could result in your statements becoming impermissible during trial proceedings, which might jeopardize your driving privileges.
What may seem like a negligible error on part of the authorities can actually carry considerable weight for the outcome of your case. Should any infringement regarding Miranda warnings lead to a decision that any statement given is unqualified for court use, this misstep may cause an overall dismissal of charges pressed against you for DUI. Enlisting an attorney who possesses extensive experience becomes crucial—they will meticulously assess every detail involved with how your arrest was conducted.
Inaccurate Test Results
In your DUI defense, the reliability of blood alcohol concentration (BAC) test outcomes is a critical component. In the context of a DUI case, how much weight field sobriety and breathalyzer test results can significantly shape the verdict. These assessments are not foolproof though. Adherence to strict protocols for administering field sobriety tests is essential, as any deviations could compromise their validity.
Close scrutiny applies to both calibration and maintenance practices for blood and breath testing apparatuses. The integrity of BAC readings might be called into question if there’s any mishandling or breaks in the chain of custody regarding blood or breath specimens. An experienced DUI lawyer will have the skillset necessary to identify these potential frailties in the prosecution’s evidence and exploit them strategically.
Lack of Probable Cause
The basis for dismissing a charge on the grounds of probable cause comes third when it concerns a DUI stop. A police officer is required to have a reasonable suspicion that criminal activity, such as driving under the influence, is taking place in order to lawfully initiate a traffic stop. Should an officer be unable to justify the reason behind the commencement of this traffic stop, it’s possible that any evidence gathered may not be admissible in court and could result in charges being dropped.
In challenging whether there was sufficient probable cause for an initial traffic stop, employing tactics from experienced DUI attorneys can prove pivotal. This underscores how critical it is to engage with skilled legal representation who will scrutinize every detail of your case with diligence to ensure protection of your legal rights.
Conditional Deferral in Indiana
Conditional deferral involves holding the charge open for a year while the defendant completes treatment or other requirements appropriate to the situation. Additionally, the prosecutor must agree that this is an appropriate resolution. Many counties in Indiana have policies against conditional deferral on DUI offenses, so it is not a guarantee it will be available in all cases.
Indiana DUI laws
Indiana's DUI statute is found under Indiana Code 9-30-5-1. Under this code, the level of alcohol in your system will play a role in how you are charged:
In order to be convicted of a DUI in Indiana, the State must prove three main elements:
- That you operated
- What you operated was a motor vehicle
- You were intoxicated at the time
Indiana is also an "implied consent" state. This means that a driver is required to submit to chemical testing or field sobriety tests. If you do not consent, you can be charged with an additional penalty called a refusal. Refusals can increase the length of time your driver's license is suspended.
Misdemeanor DUI in Indiana
- If you have between a .08 blood alcohol content (BAC) and a .15 BAC, you can be charged with a Class C misdemeanor.
- If you have .15 BAC or higher, you can be charged with a Class A misdemeanor
- If you have a schedule one or two controlled substances in your system, you can be charged with a Class C misdemeanor.
- Commercial drivers cannot have a BAC at or higher than .04 percent.
Felony DUI in Indiana
- DUIs in Indiana are charged as misdemeanors unless there is an aggravating factor that can increase the penalty to a Felony: The aggravating factors that increase the penalties to a Felony are:
- DUIs Involving Deaths can be charged as a level four Felony in Indiana.
- DUIs involving injuries can be charged as a level five felony and the penalties may increase based on the number of people injured.
- DUIs involving minor passengers may be charged as a level 6 felony. This includes all passengers under the age of 18 at the time the DUI was committed.
- If you are charged with a DUI within seven years of a previous DUI, you can be charged with a class 6 felony.
DUI Penalties in Indiana
First offense DUI
- Up to one year in jail
- Probation for up to two years
- A fine between $500 and $5,000
- A license suspension for up to two years
Second offense DUI
- Up to three years in jail
- Probation for up to two and a half years
- A maximum fine of $10,000
- A license suspension between 180 days and two years.
- Mandatory substance abuse education
Third offense DUI
- Up to three years in jail
- Probation for up to two and a half years
- A maximum fine of $10,000
- A license suspension of up to ten years
- Mandatory substance abuse education
Penalties for DUIs continue to increase based on your number of priors and any aggravating factors involved in the incident.
DUI Arrest In Indiana
If you are arrested for a DUI in Indiana, it is vital to contact an experienced DUI attorney immediately. DUIs can be very complex and require a strong knowledge of this area of law to mount a strong defense.
Do You Need To Hire A DUI Attorney In Indiana?
Yes! A DUI attorney will be able to review the evidence and make sure your rights are protected. For more information on ways to reduce a DUI in Indiana read our article, Here's How to Reduce Your DUI Charges in Indiana. Areas a DUI attorney can challenge:
The Initial Traffic Stops by the Police
A police officer needs probable cause to make a traffic stop, and this is an area that can be challenged. If it can be shown that there was no probable cause for the stop, it is possible to suppress evidence that resulted from that stop.
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Indiana DUI Checkpoints
Indiana does allow for DUI checkpoints. A DUI checkpoint is a temporary diversion of traffic by law enforcement. Some vehicles going through the checkpoint will be stopped and inspected. Law enforcement can ask you for your name, date of birth, current address, registration, and driver's license. You can refuse to answer questions outside of this scope. If an officer observes signs of intoxication, you may be subjected to sobriety tests.
Roadside field sobriety tests. Multiple field sobriety tests can be employed by a police officer, but the three main ones are the one-leg stand, Horizontal Gaze Nystagmus, and the Walk and Turn test. These tests must be administered in specific ways under specific conditions to get results that can be used against you. If they are not done correctly, an experienced attorney can prevent the results from being used against you.
The Actual Arrest
The police also need to have probable cause to arrest you. If you are arrested, you have certain rights, such as your Miranda rights. Once you are arrested, you cannot be questioned without your Miranda rights being read, and any statements given may be suppressed if the proper procedure is not followed.
Scientific Challenges
DUI offenses often include a fair amount of scientific evidence. The testing of breath and blood samples includes advanced scientific equipment that needs to be correctly calibrated and maintained. Additionally, the testing procedures must be conducted in specific scientific conditions for them to be valid. They need to be completed by trained scientists in an approved lab. There can also be a chain of custody issues with the samples that an experienced attorney may be able to challenge.
Administrative Hearing
If you are arrested for a DUI, your driver's license will be revoked or suspended pending the resolution of your case. You will be provided with information on challenging the revocation or suspension at an administrative hearing. You will have ten days from the date on the notice paperwork to request an administrative hearing. If you win an administrative hearing, your license will not be revoked or suspended while your case is pending before the court. The issues at an administrative hearing are:
- Whether or the arresting officer followed proper police procedures during your traffic stop.
- Whether there was probable cause to suspend or revoke your license.
- Whether the driver refused a chemical test
- Whether the driver's blood alcohol was .08 percent or higher.
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