Free Initial Consultation
Valparaiso DUI Attorney
Being arrested for and charged with driving under the influence can be a frightening experience, especially for those who are not apprised of their legal rights by an attorney. To ensure that your own rights and interests are protected, it is important to contact a Valparaiso DUI attorney who can assist you.
Implied Consent in Indiana
Although many people are not aware of it, Indiana’s implied consent laws automatically require all drivers in the state who are arrested for driving under the influence of drugs or alcohol to submit to a blood or breath test upon arrest. In fact, those who refuse to submit to testing face an automatic one-year license suspension, regardless of their guilt. This penalty can be increased to two years if a person has a prior DUI conviction on his or her record.
Who can be Convicted of a DUI?
In Indiana, there are actually a few different ways that a person can be convicted of driving under the influence. The first, and most common involves proving that a driver’s blood alcohol content (BAC) was above the legal limit of .08%. This is known as a per se offense and requires proof of intoxication through blood or breath test results. However, a person can also be charged with a DUI for:
- Having either a Schedule I or Schedule II controlled substance in his or her system; or
- Driving while intoxicated.
In Indiana, a person is intoxicated if he or she is under the influence of:
- Alcohol;
- A controlled substance;
- A drug other than alcohol or a controlled substance; or
- A combination of alcohol and drugs.
In order to convict someone of driving under the influence, prosecutors must also be able to prove that the person’s thoughts and actions were impaired to such a degree that he or she had lost the normal control of his or her faculties. In addition to evidence of a blood or breathalyzer test, this usually requires testimony from eyewitnesses, such as the arresting officer or bystanders, or footage from a video recording.
Possible Penalties
Whether a person is charged under the per se DUI law or another statute, he or she faces serious penalties if convicted, including:
- Hefty fines;
- Driver’s license suspension;
- Mandatory probation;
- Alcohol drug abuse assessment and treatment;
- Enrollment in and completion of a substance abuse education course;
- Attendance at a victim impact panel;
- Regular urine testing for drugs or alcohol;
- Imprisonment;
- Mandatory community service; and
- Installation of an interlock ignition device in the defendant’s vehicle.
These penalties only become more serious after subsequent convictions, so it is critical for those who have been accused of driving while under the influence to retain an experienced attorney who can begin working on their defense immediately.
Contact Our Valparaiso DUI Legal Team
Those who have been accused of driving while under the influence of drugs or alcohol can avoid conviction if they can prove that their test was administered improperly, they were illegally arrested or detained by police, or that their constitutional rights were otherwise violated.
