NEWS4U FEBRUARY 2022 | LOCAL HAPPENINGS
Ask an Attorney WITH BRIAN K. SMITH
Q:
I spent New Year's Eve out with friends at a local bar where I had a few beers over several hours. On the way home, I was pulled over by a cop (he said I was weaving in and out of the lane) and he administered a breathalyzer - which he said registered above the legal limit. I didn't think that was possible based on the number of drinks I had had and how long I
had been at the bar. Nevertheless, I was given a DUI. What rights do I have in such a scenario? What would have happened if I had simply refused the breathalyzer?
A:
Your first arrest for operating a vehicle while
for refusing the portable breath test and you should politely
intoxicated can land you in jail for up to one year and
decline to take it.
result in a fine of up to $5000 dollars so it’s important
that you consult with an experienced attorney if arrested.
Finally, the officer will read you Indiana’s Implied Consent Law and ask you to submit to a chemical breath test down at the police
If a law enforcement officer suspects you have been drinking
station or jail. This test is more reliable and generally admissible
and driving, the officer will ask you to exit your vehicle and
in court. The decision whether to take a chemical breath test at
perform field sobriety tests. These allow a police officer to
the station is a difficult one and you do not have a right to consult
determine if you are impaired. The one-legged stand and the
with an attorney prior to taking or not taking the test.
walk and turn are examples of field sobriety tests. Most people would have difficulty performing these tests completely sober.
Taking the chemical breath test can potentially provide strong
Agreeing to perform these tests will only provide the officer and
evidence of your guilt or innocence. If you refuse the chemical
the prosecutor with more evidence. There are no penalties for
breath test, your driver’s license will automatically be suspended
refusing field sobriety tests and you should tell the officer politely
for one year. However, if you refuse and the prosecutor has no
that you will not perform them.
field sobriety tests or chemical breath tests, it can be hard to prove their case in a courtroom.
The officer will next ask you to blow into a portable breath test that the officer has at the scene. The portable breath test is not
An experienced attorney can help further explain your rights and
reliable and is not admissible in a courtroom. There is no penalty
will help minimize the impact this arrest has on your life.
BRIAN K. SMITH ATTORNEY AT LAW
915 MAIN ST. SUITE 102,EVANSVILLE, INDIANA 47708 (812) 422-1650 · BRIANKSMITHLAW@GMAIL.COM
Disclaimer: The above information is not legal advice and should not be taken as legal advice. Application of the law is highly fact sensitive and readers should consult with an attorney on legal matters.
58 | FEBRUARY 2022
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