October 31, 2024 | DUI
Indianapolis police heavily patrol the Lucas Oil Stadium area looking for drunk drivers. If you are stopped for a suspected DUI after leaving a game, you could find yourself in big trouble. Whether you have been drinking or not, you need to know your rights and what to do if you are pulled over.
Pull Over And Be Polite
Whenever you see the police lights flashing behind you, you must pull over as soon as possible. You should never keep driving or try to flee.
Once you pull over to a safe location, the police officer will walk up to your driver’s side window. You should never make any sudden movements and always be polite when speaking with the officer. Even if you are frustrated or upset that you were pulled over, yelling at the officer will never help the situation. You can be respectful and assert your rights at the same time.
Avoid Making Incriminating Statements
After you are pulled over, the police officer will probably ask you a series of questions. Once you provide your license, registration, and proof of insurance, you should not answer any questions. You don’t want to make any potentially incriminating statements.
For example, you should never admit to having had any alcohol, even if it was only one drink. You may think that you were okay to drive if you only had a beer and a burger an hour earlier at the game, but the police may use this statement against you later in court. It’s better to refuse to answer their questions than to risk having a statement twisted against you.
Field Sobriety Tests
If an officer suspects you have been drinking, they may ask you to step out of the car and perform a field sobriety test. Most people don’t know that they can refuse a field sobriety test. In fact, you should always refuse them.
Field sobriety tests are not perfect, and they are often unreliable. Police officers may not be trained in how to accurately administer the test or what to look for. If an officer assumes that you are drunk, they will look for any details to support that assumption.
An officer may ask you to complete tests such as:
- A walk and turn
- Recite the ABC’s backwards
- Follow a pen with your eyes
- Stand on one foot
You can and should tell the officer that you politely decline to perform a field sobriety test. There are many reasons that people fail field sobriety tests (other than due to intoxication), and you don’t want to risk being one of them.
Breathalyzer And Blood Tests
While you can refuse to perform a field sobriety test, you cannot refuse a breath or blood test. This is because Indiana has an implied consent law.
Implied consent means that by driving on Indiana roads, you consent to having a chemical test if, upon reasonable suspicion, you are suspected of a DUI. If you refuse to do the breath or blood test, your license will be suspended. Furthermore, the fact that you refused may be used against you in court. Even if you refuse the test, you can still be charged with a DUI.
There are ways that a defense attorney can argue that a breath or blood test is inaccurate. It’s best to submit to the test and let your Indianapolis DUI lawyer defend you.
What Are The Penalties For A DUI?
If you are convicted of a DUI after leaving Lucas Oil Stadium, there will be consequences. A first-offense DUI is a misdemeanor. It carries 60 days to a year in jail and a $500 fine. If your BAC was elevated, you could get a $5,000 fine. Additionally, your license could be suspended for a year, and you will need to undergo an alcohol or drug assessment and potentially treatment.
If you are convicted of a subsequent DUI, you could face years of jail time and even greater fines. Reach out to an Indianapolis DUI lawyer for help if you are facing a DUI charge.
Contact the Indianapolis Criminal Defense Attorneys at Suhre & Associates DUI and Criminal Defense Lawyers For Help Today
For more information, contact the criminal defense attorneys at Suhre & Associates DUI and Criminal Defense Lawyers give us a call today at (317) 759-2599 or visit us at our Indianapolis law office.
Suhre & Associates DUI and Criminal Defense Lawyers – Indianapolis
101 W Ohio St #2000
Indianapolis, In 46204
United States
