An Indianapolis DUI Attorney understands that drivers that are suspected of driving under the influence will likely be asked to provide a chemical test to determine blood alcohol content. Such tests remove the subjectivity of roadside impairment tests. Generally, these tests involve the breath or the blood, and a reading of .08 or greater will lead to immediate arrest.
An Indianapolis DUI Attorney Knows DUI Stops
In Indiana, when an officer suspects impaired driving, the driver will be asked to participate in various tests to determine their level of sobriety. There are several field sobriety tests that may be administered and a good DUI attorney in Indianapolis will tell you that if you are out of the car taking field sobriety tests, there’s a good bet that the officer is going to insist on a chemical test.
If a motorist has a BAL of .08 or greater, they fall into the ‘per se’ BAC limit DUI law. This means that there doesn’t need to be any other evidence presented to the court to charge the motorist with a DUI.
What Is Implied Consent?
Indiana has an Implied Consent law that requires all drivers lawfully arrested for a DUI to submit to a chemical test. If an officer believes that the motorist is intoxicated, they are obligated to take the chemical test. Refusal to take the chemical test could result in a one-year license suspension for a motorist without a previous DUI. The refusal penalty is a two-year license suspension for a motorist who already has a previous DUI.
In Indiana, officers need to obtain a warrant from a judge before they can take your blood for a BAL test. If a motorist refuses a chemical blood test, officers can reach out to a judge to procure the warrant.
An Indianapolis DUI Attorney Knows Indiana DUI Laws
A good Indianapolis DUI attorney has a sound understanding of every detail involved in a DUI traffic stop, from implied consent to a chemical test and more. Contact Potts Law at (317) 951-0087 or fill out the online contact form with any questions you may have or to set up a consultation today.
