September 2, 2020 | DUI Defense

Johnson County police officers arrested a White River Township firefighter on charges of drunk driving. According to reports, the firefighter was speeding on May 9, 2020, when a deputy pulled him over.

Raymond W. Denson of Greenwood faces charges of driving under the influence of alcohol. A deputy stopped Denson for speeding on County Line Road near Ind. 135 at 10:50 p.m. Denson was driving a Dodge Ram pickup truck.

The police said that Denson smelled of alcohol and failed the field sobriety tests performed at the scene. 

The officer administered a BAC test at the scene. Denison’s BAC was allegedly .219. A second breath test at the Johnson County Jail registered a BAC level of .179 according to the police report.

At the time of the report in May, the police continued to gather evidence related to the case.

Breathalyzer Tests for DUI in Indiana

The blood alcohol content (BAC) legal limit for drunk driving in Indiana is 0.08. It is the same in all 50 states. If your BAC is 0.08 or higher, you can face a DUI offense. 

Indiana has an implied consent law concerning breathalyzers and chemical tests. If you have a valid Indiana driver’s license and the police arrest you for DUI, you are under an implied agreement to submit to chemical testing. Chemical testing may include breath, blood, or urine tests.

The police officers may request that you take more than one chemical test. If you refuse to take the chemical test, you could get out of a DUI charge if the officer does not have any other convincing evidence that you were driving under the influence.

However, you face other legal consequences for refusing to take a breath test or other chemical test. Under Indiana’s implied consent laws, your driver’s license may be suspended for one year for the first offense. 

However, if you have prior drunk driving charges on your record, your driver’s license could be suspended for two years for refusing to submit to a chemical test.

You can fight charges of refusing to take a chemical test. You are entitled to a hearing for license suspension, and you may consult with a DUI attorney about your legal rights and the hearing.

You Can Be Arrested for DUI Without a Breathalyzer Test

You can still be arrested and charged for driving under the influence even though you refused to take a breathalyzer or chemical test. Refusing to take a breathalyzer test does not necessarily mean you will not go to jail. It also does not mean that you will not be found guilty of DUI charges.

If the state has sufficient circumstantial evidence, it might be able to get a conviction on drunk driving charges even without a breathalyzer test or other chemical test.

Therefore, it is wise to speak with a DUI lawyer as soon as possible, regardless of whether you took a breathalyzer test. You need to prepare a defense to DUI charges to minimize your chances of serving jail time, paying expensive DUI fines, or receiving other penalties for a DUI conviction. 

Challenging the Results of a Breathalyzer Test

An experienced DUI defense lawyer can help you challenge the results of a breathalyzer test. There are many valid defenses to a breathalyzer test, including but not limited to:

  • You have a health condition that can result in a false positive or make the breathalyzer test results unreliable
  • Another factor, such as belching, burping, or regurgitation, caused inaccurate BAC results
  • The police officers did not follow proper procedures for administering the breathalyzer test
  • The breathalyzer was not calibrated correctly
  • You were exposed to environmental factors that could impact the readings
  • The officer administering the breathalyzer was not trained or certified 
  • The police officers failed to inform you of your right to obtain an independent chemical test
  • The officer did not continuously observe you for twenty minutes before administering the breathalyzer test
  • The results of the breathalyzer test are inconsistent with other facts in the case
  • The breathalyzer machine malfunctioned because of a defect or failure to maintain the machine

There could be other defenses to a breathalyzer test that your attorney identifies after reviewing the case. 

Fighting DUI Charges in Indianapolis

DUI penalties can be severe, even with a first time DUI. However, an arrest for DUI is not a conviction. There are steps that you can take to defend yourself against DUI charges.

For example, did the police officer have probable cause for the traffic stop or the arrest? If not, evidence gathered during the arrest may be inadmissible in court. 

Before you plead guilty to DUI charges, talk with a drunk driving defense attorney. Make sure that you understand your legal rights and your options for defending a drunk driving charge before you make decisions about your case.