Experienced Criminal Law Attorney Presents the Best DUI Defense Strategies

Fort Wayne DUI Lawyer provides guidance on beating Indiana drunk driving charges

A drunk driving conviction in Indiana can have longstanding consequences. In addition to jail time, fines and/or community service, you can lose your driver’s license for a lengthy period and see your insurance premiums skyrocket. A conviction can also take a toll on your reputation, damaging your career prospects and relationships. For all these reasons, you’ve got to fight the charge in court. Unfortunately, many DUI defendants don’t realize there are viable defenses that an experienced attorney can assert in court. The Law Offices of Ryan E. Lackey fights hard for every client. We are dedicated to utilizing the best defense strategies available for your case.

Defense strategies for DUI cases in Indiana

The official term for drunk or drug-impaired driving in Indiana is operating a vehicle while intoxicated (OWI). However, the term DUI is used in common parlance. A DUI can be charged as a misdemeanor or felony offense, depending on the circumstances. Given the potential DUI penalties in Indiana, you must go to court with the best possible defense strategy. The following is a brief summary of potentially effective defenses.

• Challenge the traffic stop — A traffic stop is unconstitutional unless officers had reasonable suspicion that a crime has been committed. They cannot pull drivers over because they look out of place or seem lost. Officers cannot make traffic stops for discriminatory reasons, to harass individuals, or to “take a look” and see what they might find. The exception to the reasonable suspicion standard is a drunk driving checkpoint where every car is stopped for a brief examination. If the police had no reasonable basis for stopping your car, they cannot admit evidence of intoxication in court. 
• Contest a field sobriety test — A field sobriety test is a tool that officers use to determine whether there is probable cause for a drunk driving arrest. However, not all tests are valid, and some tactics have been discarded as unreliable. If the test the officers administered does not meet state standards, it does not support probable cause. Thus, subsequent evidence found is not admissible in court.
• Dispute breathalyzer results — There are multiple reasons why a breathalyzer might give an unreliable reading. Recent use of mouthwash, breath mints or cough syrup can cause a false positive. So can certain medical conditions, such as acid reflux disease. Even altitude and weather can influence results.
• Question blood test procedures — Tests used to measure blood alcohol content must be administered precisely to obtain accurate readings. Problems can include improper maintenance of machinery, faulty administration of the test (especially by an unqualified individual) and improper storage of samples. 
• Argue necessity or duress — These arguments assert that you had no choice in the matter. You may have been impaired, but you needed to operate the vehicle for a reason so important that you should be excused. For example, someone needed to go to the hospital and you were the only available driver.
• You were not operating the vehicle — Authorities must prove the vehicle was under your control, and that requires more than being behind the wheel with the engine running. After all, you might have known full well you couldn’t drive but were running the engine to keep warm, while you were waiting for someone to come take you home. 
• Negotiate a plea bargain — Depending on the circumstances, including a prior clean driving record, you might be able to negotiate a plea to lesser charges. Judges can offer entry into diversionary programs that ultimately result in the charges being dropped. 

Our Fort Wayne DUI lawyers are ready to fight for the best results possible in your case.

Contact a veteran Indiana defense attorney to discuss DUI case strategies

The Law Offices of Ryan E. Lackey provides aggressive defense strategies in DUI cases. For a free consultation, please call us at 260-222-7364 or contact the firm online.