ProtectingYour Rights

Understanding a Drunk Driving Arrest

On Behalf of | Jan 4, 2019 | Firm News

January 4, 2019

People in Indiana may wonder how drunk driving arrests take place. In many cases, drivers are pulled over by police in a traffic stop after police observe driving irregularities. Police may suspect that the driver has been drinking to a point beyond the legal limit and administer a roadside breath test; if this test is positive, the suspected drunk driver may be arrested and taken to the police station for an official breath test that is admissible in court. In other cases, the driver’s behavior did not bring police attention, but they were stopped at a sobriety checkpoint established by local police, especially during major events like New Year’s Eve or large sports celebrations.

Being arrested for drunk driving does not mean that a person is guilty. There are a number of issues that may render the results of the breath test inadmissible, or a suspected drunk driver may never be given a proper breath test at all. In some cases, the police officer charged with administering the test may not have been trained on the proper way to conduct a breath examination.

People can be accused of driving under the influence even if they do not feel drunk or out of control; drunk driving charges are based on blood alcohol concentration over the legal limit, which is 0.08 percent in Indiana and most states across the country. Symptoms like impaired motor function, degraded vision and poor reaction times are associated with a BAC above this limit.

A DUI/OVWI conviction can have a serious impact on a driver’s life; people convicted may have to pay hefty fines or even serve jail time in addition to driving penalties like a suspended license or extra points. A DUI defense lawyer may be able to help people challenge police and prosecution evidence and work to avoid a conviction.