Representation for DUI Law & Traffic Offenses in Terre Haute, IN & Surrounding Areas

DUI, also known as driving under the influence, is now commonly used a generic term that encompasses a variety of specific charges, including the following:
  • Operating a Vehicle While Intoxicated (OVWI)
  • Operating a Vehicle while Intoxicated Endangering a Person (OVWI Endangerment)
  • Operating a Vehicle with an Alcohol Concentration of .08 or More (Operating with ACE of .08)
  • Operating a Vehicle with an Alcohol Concentration of .15 or More (Operating with ACE of .15)
  • Operating a Vehicle with a Schedule I or II Controlled Substance in Body

DRIVER'S LICENSE SUSPENSION

If you are charged with a DUI, then you need representation. A DUI charge will result in the suspension of your driver's license.

I am often asked, “How can they take my driver's license when I haven't been convicted of anything?” This is a fair question.

Under Indiana law, being charged with DU triggers an administrative suspension of your driver's license. All it takes is for a judge to find that there is probable cause to support the charge. Having a driver's license is considered a privilege, not a constitutional right. Thus, the Indiana appellate courts have upheld the law that mandates an administrative suspension of driving privileges upon a finding of probable cause.

The driver's license suspension can often times be avoided, usually by having an ignition interlock device placed in your vehicle. You can also challenge the probable cause for the stop. Depending on the circumstances, it may also be possible to resolve the case to an amended charge that does not involve a driver's license suspension.
License Suspension — DUI in Terre Haute, IN

CONVICTION FOR DUI

A DUI conviction can result in the following consequences:
  • Jail time
  • Probation
  • Community Service
  • Completing a Substance Abuse Program
  • High Risk Insurance
Also, if you are convicted of DUI, and are arrested for DUI again within 5 years from the date of conviction for the first DUI, then the subsequent arrest will normally result in a felony DUI charge.

A DUI is considered a major violation for purposes of Indiana's Habitual Traffic Violator Law, and 3 DUIs within a 10 year period can result in a driver's license suspension for a period of 10 years as a habitual traffic violator.

EVENTS LEADING UP TO DUI CHARGE

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. 

WE CAN HELP

In the case of a traffic stop, there can be a number of issues, including:
  • Was the stop legal?
  • What was the basis for the stop?
  • Were standardized field sobriety tests properly administered?
  • Did the police officer have probable cause to offer a chemical test?
  • Was the chemical test properly given?
Police officers make mistakes. Some mistakes can be fatal to the State's case. For example, if the police officer stopped you for an improper reason, then all evidence obtained by the police after the stop may be suppressed because your Fourth Amendment rights were violated.

If a police officer improperly administers the breath test, then that test result may be excluded from evidence because the officer's failure to follow the rules established by the Indiana State Department of Toxicology affects the reliability of the test results.

At Edward McGlone Law Office, we examine the State's evidence and look for mistakes that the police have made so that we can use those mistakes to your advantage.

Edward McGlone has over 25 years experience with DUI cases. Put his experience to work for you.