Although some of the relief will come from the removal of restrictions, most of it should come from the fact that the DUI charge will no longer be on your record. Indiana does not keep records of invalidated DUI charges, so this event will not continue to follow you through life. The following circumstances can invalidate a DUI charge:
- Indiana DUI law requires officers to tell you that refusing chemical testing will result in the forfeiture of your license. They must then re-offer the test. Plus, they are required to log your refusals and this warning in a specific manner. If they do not log the refusals correctly or do not offer you the test a second time, you have legal grounds to contest the revocation of your license.
- Officers may also have difficulty distinguishing between alcohol-related symptoms of impairment and symptoms of stress, mechanical issues, or illness. Sometimes, police officers make mistakes and attribute bloodshot eyes to alcohol use when it could just be fatigue, or they see stressed hands trembling and assume it was because of drinking. Indiana requires all reports to be promptly submitted.
- For defendants under 21, make certain that any appropriately used medical treatments are noted. Indiana law does allow leeway in the no alcohol detected limitation for the appropriate use of oral medications, such as cough syrups. Cough syrups and cold medications often have an alcoholic base, which can give any tests a functional false-positive; although alcohol was in the driver’s system, it does not count as an illegal use of alcohol.
Even individuals over the age of 21 should say whether they are using these medications. It might not eliminate the charges, but it could introduce the element of reasonable doubt as to whether the BAC test was an accurate measure of impairment.
An experienced DUI attorney in Indianapolis can provide additional insights. For instance, All chemical testing is required to be performed by licensed personnel, whether it is by doctors, registered nurses, or registered technicians. For breathalyzer checks in Indiana, officers are required to be certified on the machine. Also, samples not taken immediately can be argued as invalid. If you did not contest the blood test, but sampling took a while, there is a possibility that your Indianapolis DUI attorney can get the results successfully dismissed. Tests administered over three hours after arrest are almost always considered invalid.
While the above circumstances may lead to a not-guilty verdict, not every case is going to have these conditions. Indiana law does not allow you to enter a plea for a “wet reckless,” but there can still be positive repercussions to not contesting a charge. Offering a plea of guilty means minimal sentencing is more likely, and in the case of later DUI offenses, prison time can be avoided or replaced with other sentencing options.
This can include the following outcomes:
- In the case of second and third DUI convictions, there is leeway in the sentencing requirements. Other alternatives include community service or greater fines. As the Indiana legal system is searching for ways to reduce the prison population, judges may favor these options.
- When multiple convictions for DUI occur over a relatively short periods of time, the alcohol or substance use may be a symptom of a deeper problem.
While treatment and counseling for substance abuse can never take the place of all punitive measures, they can be used as substitutes for some of them. Treatments help to solve the underlying and very real problem rather than simply punishing the symptoms.
