As the always popular Halloween weekend approaches filled with parties, overly provocative costumes, booze and good times for all, so too will a heightened law enforcement presence on the streets looking for impaired drivers. Whether it’s a DUI Checkpoint or traffic infraction stop, if you’ve been drinking, you need to know how the process works and how your actions could determine what your charges are. The Indiana DUI statutes can be found here : I.C. 9-30-5-1

It can be a common misconception to believe that you are better off not complying with law enforcement whatsoever when pulled over for a DUI investigation. In some rare circumstances this may be beneficial but for the most part it is better to be respectful and compliant.  The officer will first approach you, and will be looking for a few immediate signs of intoxication.  He will be looking for bloodshot eyes, slurred speech, and the smell of alcohol on your breath or person amongst other things. Generally speaking if one or any combination of these signs are noticed by the officer, (which typically will happen if you have been drinking), then he will have reasonable suspicion to to detain you while conducting a DUI investigation into possible intoxication. The DUI investigation will usually consist of the following:

1) a request to conduct a portable breath test (PBT)

2) a request to conduct standardized field sobriety tests or (SFST’s)

3) a reading of implied consent

4) and pending on your answer to 3) the administering of a chemical breath test or blood draw

The one thing in common with most aspects of the investigation above is your right to refuse. You do not have to consent to a PBT, SFST’s or the chemical breath test. However, If you do not consent to a chemical breath test you will have an automatic license suspension for a year or more if you have a prior. The caveat to such refusal is that the officer can and will likely request a warrant to obtain a blood sample whether you consent or not. The PBT and SFST’s can be refused without legal consequences other than the fact that the prosecutor will be able to say at trial that you refused because you knew you would fail.

The better approach in most circumstances is to comply with the officers requests for a couple reasons. First, the result of the PBT will not be admissible at trial and the fact that your defense attorney can always argue that PBT results are inherently unreliable.  Second, the result of the PBT could in fact help you if t is lower than anticipated. Similarly, complying with SFST’s is also recommended in most circumstances. Not only are the specific legal requirements for administering such tests demanding on law enforcement, again the results of such tests could in fact help you in the long run.  Additionally, because law enforcement will likely end up obtaining your blood draw via a warrant if implied consent is refused, you might as well hold on to your ability to have your license and consent.  There are avenues available if your license is suspended pending a DUI/OVWI to receive temporary driving privileges. This avenue is lost however if you refuse the chemical breath test pursuant to statute.

There are many things to consider when being investigated for drinking and driving and it can be a scary process. The good news is that you do not need to face it alone. Kevin Potts being a former prosecutor has the experience and knowledge to guide you through the process and can asses your case from both the State’s prospective as well as our own. If you have been charged with DUI/OVWI call Kevin Potts today: 317-951-0087

Happy Halloween and be safe out there!