BLOOD ALCOHOL CONTENT IN AN INDIANA DUI CASE
A key piece of evidence in all DUI cases is the defendant’s blood alcohol content. If the police believe that you are impaired the officer will give you the choice between taking a breath or blood test to determine your blood alcohol content (BAC). While you have the right to refuse to take the test, doing so may not be the best option. Therefore, you should think very seriously before refusing a test.
Breath Test Machines
The breath test machines used in Indiana keep data regarding all test results and the machine’s performance. Your DUI attorney can request and examine the machine’s data for errors that may call your test results in question. Obviously if the machine is not providing accurate test results those results should not be used to convict you. Breath test machines need to be correctly maintained and over time testing errors can occur more frequently. Your Carmel DUI lawyer can analyze the data in an effort to discover testing errors that would be used to falsely convict you.
Additionally, there are other required procedures involving breath test machines that must be followed before the test results can be used. Among other things, the operator of the machine must be certified, and the machine must be properly maintained. If these legal requirements are not followed, your lawyer can make the appropriate legal arguments to keep this evidence from being used against you.
The Preliminary Breath Test (PBT)
Before you are taken to the police station and given a “breathalyzer” test, the officer will ask you to submit to take a preliminary breath test on a small handheld machine. You are NOT required to take this test and you should decline the test.
We Can Help!
The lawyers of Emerson Divorce and Accident Injury Attorneys, L.L.C. have over 20 years of combined experience and are prepared to assist you in your DUI defense. Our attorneys offer criminal defense for all felony DUI and misdemeanor DUI charges.
We accept cases from Carmel City Court, Hamilton County Court, Boone County, Marion County, Hendricks County and throughout Indiana.
Our law office is centrally located and easily accessible from Interstate 465.
LEARN MORE ABOUT INDIANA DRUNK DRIVING LAWS
- Right to Remain Silent
- Incriminating Statements
- DUI Evidence
- DUI Blood Alcohol Content
- DUI Breath Tests
- Field Sobriety Tests In Indiana
- DUI and Traffic Violations
INDIANA DUI LEGAL FAQ'S
- What Is a DUI a felony?
- Will I have to serve jail time for my DUI / DWI?
- How long will a DUI / DWI stay on my record, counting as a prior offense?
- If I'm pulled over for suspicion of drunk driving, when must the police officer give me a breathalyzer or blood test?
- Can I get out of my DUI / DWI by plea bargaining for a wet reckless?
- After my DUI / DWI conviction, will I be required to install an IID?
- Will I lose my license for a DUI?
RESOURCES FOR THOSE CHARGED WITH DRIVING UNDER THE INFLUENCE
- NHTSA Impaired Driving
- Judge Resigns After DUI
- Woman charged with DUI in crash
- Dak Prescott DUI Arrest
- Drunk Driving Laws Don't Match Research
- Supreme Court decision will not impact Indiana DUI tests
JR Emerson is a Carmel, Indiana DUI attorney representing individuals charged with dui, driving under the influence, OVWI, operating a vehicle while intoxicated, OWI, operating while intoxicated. Our DUI lawyers represent men and women in Hamilton County, and throughout Indiana. Cities in which we practice include: Carmel, Noblesville, Fishers, Zionsville, Lebanon, Whitestown, West Clay, Lawrence, Beech Grove, Speedway, Greenwood, Southport, Franklin, Plainfield, Avon and Danville, Indiana.
How an Attorney Can Help
The State must prove it's case beyond a reasonable doubt. Your attorney's job is to challenge the State's evidence. Learn how an attorney can help with the use of Subpoena's and Depositions.
Whether you are contemplating divorce, or been arrested or injured you are probably scared, unsure what will come next and what to do. Give me a call. We will sit down, go over your options and work to find a way to move forward. Call me or another attorney. But call someone and get the help you deserve.
- JR Emerson, Attorney
I am here to help. I am not here to judge. For nearly 20 years I have been helping people in difficult situations and I would be happy to speak with you to see how I might be able to help you too.
- Jill Bracken-Emerson, Attorney
Schedule a Consultation Now!
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Our office is located on the north side of Indianapolis at 98th Street and Keystone Avenue.
3091 E. 98th Street, Suite 180
Indianapolis, IN 46280
Our attorneys represent people in need of assistance with personal injuries, car accidents, divorce, family law and DUI/OVWI matters. Our clients typically live in counties throughout central Indiana including, Hamilton County, Boone County, Marion County, Hendricks County and Johnson County. Please contact our office to learn how we can help.
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JR Emerson is an attorney who represents men and women in family law matters including divorce, child custody modification, and child support modification in Marion County, Hendricks County, Boone County, Hamilton County, Hancock County, Madison County, Johnson County. Cities in which he practices include: Zionsville, Lebanon, Whitestown, Carmel, West Clay, Westfield, Noblesville, Fishers, Lawrence, Beech Grove, Speedway, Greenwood, Southport, Franklin, Plainfield, Avon and Danville, Indiana.