When a person is convicted of driving while intoxicated in Indiana, the impact this conviction can have on their life can be devastating. A conviction can mean loss of driving privileges, high fines, and the potential of jail time, depending on the circumstances of the arrest. As a DWI lawyer in Indianapolis, IN can explain, even once a person has completed whatever sentence they have been given, they may still have to deal with the aftermath. A DWI conviction stays on your driving and criminal record which can have a negative impact on job opportunities or professional licenses. There is often a huge spike in vehicle insurance premiums for people who have a drunk driving conviction, as well.
If you have been arrested for drunk driving, contact Ward & Ward Law Firm to speak with an Indianapolis, IN DWI lawyer and find out how we can help defend you against these charges and minimize the impact these charges can have on your life.
The following are some of the most common defenses to DWI charges:
Bad Traffic Stop: In Indiana, law enforcement must have probable cause to stop a vehicle. Police are not allowed to just stop a vehicle driver because they have a feeling the driver may be under the influence. The driver must have violated some kind of traffic law in order for the police to stop them. If the police officer did not have probable cause to stop the driver, anything that happened after the stop will be thrown out as evidence by the judge who is overseeing the case.
Illegal Search of the Vehicle: Police are not allowed to search a vehicle without a warrant unless the driver gives them permission to search. If police search a vehicle and find open alcohol containers, they can arrest the driver on suspicion of driving while intoxicated. If the driver did not give police permission to search their car, then the search and seizure of any evidence is deemed unlawful under the Fourth Amendment and cannot be used in the drunk driving case.
Bad Field Sobriety Tests: Field sobriety test results are usually based solely on the perception of the police officer who is conducting the case. There are also many factors that can have an impact on the results, including any health issues the driver has, as well as their emotional state over the experience of being stopped by police and performing these tests.
Right to Remain Silent: The Miranda warning is not just a dramatic line used in television shows and movies – it really is a warning that police must provide anyone who is being arrested. No one is required to answer any questions a police officer is asking them and as soon as a person declines, police must stop questioning. If law enforcement continues to ask a person questions, if they deny the person’s right to an attorney, or violated any other rights a person has under the law, then an Indianapolis, IN DWI lawyer can have any evidence obtained because of these rights violations suppressed.
If you have been charged with driving while intoxicated, call Ward & Ward Law Firm to schedule a free and confidential consultation with a DWI lawyer Indianapolis, IN clients recommend to find out what legal options you may have to defend against these charges.