In a DUI case, like any other criminal case, before a jury (or a Judge) can consider the State’s evidence against, that evidence must be legally admissible. What that means is that the evidence against you can be suppressed (not heard) if your constitutional rights were violated by the police, or if the police did not follow the proper procedure and your case would likely be dismissed.
RELIABILITY OF THE EVIDENCE
If the evidence is not suppressed the State’s case against you will rest upon the reliability of the evidence. Generally the State’s evidence in DUI consists of the police officer’s testimony regarding his observations of your ability to drive (weaving, not using turn signal), your overall appearance, your behavior, the blood alcohol content test (BAC), your performance on the field sobriety tests, and any statements you made to the officer.
None of the evidence against you is accurate 100% of the time. The officer’s testimony concerning your level of impairment is simply the officer’s subjective opinion and is open to argument as to why he is wrong. Additionally, the blood alcohol test is also not perfect. Many factors, including lack of maintenance, can invalidate test results. Many times what appears to be reliable evidence is wrong and can weaken the State’s DUI case. Each case is different and not everyone can successfully make these arguments. But you will never know if the machine was providing erroneous test results unless you have an experienced attorney request and examine the machine’s data. Without a full inquiry into the evidence against you, you may never know if there are issues with the prosecutor’s case against you.
OBJECTIVE AND SUBJECTIVE EVIDENCE
Because DUI evidence includes both detailed objective science and subjective eye-witness observations, it is essential that your Indianapolis DUI lawyer be thoroughly understand the scientific evidence, including the officer’s training in order to expose any bias in the officer’s conclusions that your driving was impaired. Officers are trained to identify the unusual and how that relates to impairment. As a result of their training officers are sometimes have incorrect recollections and with a bias toward find someone impaired, sometimes draw inaccurate conclusions. It is not uncommon for errors to occur when an Indianapolis police office is conducting a field sobriety tests or a breath test. It is essential that you find an attorney who will assess the State’s evidence for weaknesses before you make any life changing decision.
Contact our Carmel DUI law firm with questions regarding the evidence in your DUI case.
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LEARN MORE ABOUT INDIANA DRUNK DRIVING LAWS
- Right to Remain Silent
- Incriminating Statements
- DUI Blood Alcohol Content
- DUI Breath Tests
- Field Sobriety Tests In Indiana
- DUI and Traffic Violations
INDIANA DUI LAWYERS FAQ'S
- What Is a DUI a felony?
- Will I have to serve jail time for my DUI / DWI?
- How long will a DUI / DWI stay on my record, counting as a prior offense?
- If I'm pulled over for suspicion of drunk driving, when must the police officer give me a breathalyzer or blood test?
- Can I get out of my DUI / DWI by plea bargaining for a wet reckless?
- After my DUI / DWI conviction, will I be required to install an IID?
- Will I lose my license for a DUI?
RESOURCES FOR THOSE CHARGED WITH DRIVING UNDER THE INFLUENCE
- Official Charged with DUI
- IC 12-23-14 Court Established Alcohol & Drug Services Program
- IC 12-7-2 Definitions
- IC 33-37-8 Local User Fee Funds
- Court Alcohol & Drug Program Rules
- Indiana Statutes related to Confidentiality and Reporting
- Federal Rules: 42 C.F.R Part 2 - Confidentiality of Alcohol and Drug Abuse Patient Records
- Court Alcohol & Drug Program Advisory Committee
- Program Directory
- NHTSA Impaired Driving
- Judge Resigns After DUI
- Woman charged with DUI in crash
- DAk Prescott DUI Arrest
- Drunk Driving Laws Don't Match Research
- Supreme Court decision will not impact Indiana DUI tests
JR Emerson is a Carmel, Indiana DUI attorney representing individuals charged with dui, driving under the influence, OVWI, operating a vehicle while intoxicated, OWI, operating while intoxicated. Our DUI lawyers represent men and women in Hamilton County, and throughout Indiana. Cities in which we practice include: Carmel, Noblesville, Fishers, Zionsville, Lebanon, Whitestown, West Clay, Lawrence, Beech Grove, Speedway, Greenwood, Southport, Franklin, Plainfield, Avon and Danville, Indiana.
The State must prove it's case beyond a reasonable doubt. Your attorney's job is to challenge the State's evidence. Learn how an attorney can help with the use of Subpoena's and Depositions.
Whether you are contemplating divorce, or been arrested or injured you are probably scared, unsure what will come next and what to do. Give me a call. We will sit down, go over your options and work to find a way to move forward. Call me or another attorney. But call someone and get the help you deserve.
- JR Emerson, Attorney
I am here to help. I am not here to judge. For nearly 20 years I have been helping people in difficult situations and I would be happy to speak with you to see how I might be able to help you too.
- Jill Bracken-Emerson, Attorney
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Our office is located on the north side of Indianapolis at 98th Street and Keystone Avenue.
3091 E. 98th Street, Suite 180
Indianapolis, IN 46280
Our attorneys represent people in need of assistance with personal injuries, car accidents, divorce, family law and DUI/OVWI matters. Our clients typically live in counties throughout central Indiana including, Hamilton County, Boone County, Marion County, Hendricks County and Johnson County. Please contact our office to learn how we can help.
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JR Emerson is an attorney who represents men and women in family law matters including divorce, child custody modification, and child support modification in Marion County, Hendricks County, Boone County, Hamilton County, Hancock County, Madison County, Johnson County. Cities in which he practices include: Zionsville, Lebanon, Whitestown, Carmel, West Clay, Westfield, Noblesville, Fishers, Lawrence, Beech Grove, Speedway, Greenwood, Southport, Franklin, Plainfield, Avon and Danville, Indiana.