DUI cases usually start from either a traffic stop or an accident.
In the case of a traffic stop, the police officer usually smells the odor of an alcoholic beverage and asks the driver to exit the vehicle and perform some standardized field sobriety tests. These tests normally include the horizontal gaze nystagmus test, one leg stand, and walk and turn test. The driver may also be asked to take a portable breath test (PBT). The purpose of these tests is for the police officer to develop probable cause to offer the driver a chemical test.
A chemical test is a blood test, breath test, or urine test. Under Indiana's Implied Consent Law, a driver is required to take every chemical test that a police officer requests when the officer has probable cause to believe that the person was operating a vehicle while intoxicated. If the driver refuses to take a chemical test, then the police officer is required to tell the driver that his/her refusal to take the test will result in his/her driver's license being suspended for a period of 1 year, and if the driver has a previous conviction for operating a vehicle while intoxicated, then the driver's license suspension will be for 2 years for refusal to take the test. Refusal to take the test usually results in the driver being arrested and charged with operating a vehicle while intoxicated.
If the driver agrees to take the chemical test, the driver will normally be placed in handcuffs and transported to a police department where a breath test instrument is available to administer the breath test. Only a certified breath test operator may give a test using a breath instrument. If the test result is .08 or higher, the driver will be placed under arrest and charged with Operating a Vehicle with an Alcohol Concentration Equivalent of .08 or More, and sometimes will also be charged with Operating a Vehicle While Intoxicated.
DUI
cases usually start from either a traffic stop or an accident.
In
the case of a traffic stop, the police officer usually smells the
odor of an alcoholic beverage and asks the driver to exit the vehicle
and perform some standardized field sobriety tests. These tests
normally include the horizontal gaze nystagmus test, one leg stand,
and walk and turn test. The driver may also be asked to take a
portable breath test (PBT). The purpose of these tests is for the
police officer to develop probable cause to offer the driver a
chemical test.
A
chemical test is a blood test, breath test, or urine test. Under
Indiana's Implied Consent Law, a driver is required to take every
chemical test that a police officer requests when the officer has
probable cause to believe that the person was operating a vehicle
while intoxicated. If the driver refuses to take a chemical test,
then the police officer is required to tell the driver that his/her
refusal to take the test will result in his/her driver's license
being suspended for a period of 1 year, and if the driver has a
previous conviction for operating a vehicle while intoxicated, then
the driver's license suspension will be for 2 years for refusal to
take the test. Refusal to take the test usually results in the
driver being arrested and charged with operating a vehicle while
intoxicated.
If
the driver agrees to take the chemical test, the driver will normally
be placed in handcuffs and transported to a police department where a
breath test instrument is available to administer the breath test.
Only a certified breath test operator may give a test using a breath
instrument. If the test result is .08 or higher, the driver will be
placed under arrest and charged with Operating a Vehicle with an
Alcohol Concentration Equivalent of .08 or More, and sometimes will
also be charged with Operating a Vehicle While Intoxicated.