In a DUI case, like any other criminal case, before a jury (or a Judge) can consider the State’s evidence against, that evidence must be legally admissible. What that means is that the evidence against you can be suppressed (not heard) if your constitutional rights were violated by the police, or if the police did not follow the proper procedure and your case would likely be dismissed.


If the evidence is not suppressed the State’s case against you will rest upon the reliability of the evidence. Generally the State’s evidence in DUI consists of the police officer’s testimony regarding his observations of your ability to drive (weaving, not using turn signal), your overall appearance, your behavior, the blood alcohol content test (BAC), your performance on the field sobriety tests, and any statements you made to the officer.


None of the evidence against you is accurate 100% of the time. The officer’s testimony concerning your level of impairment is simply the officer’s subjective opinion and is open to argument as to why he is wrong. Additionally, the blood alcohol test is also not perfect. Many factors, including lack of maintenance, can invalidate test results. Many times what appears to be reliable evidence is wrong and can weaken the State’s DUI case. Each case is different and not everyone can successfully make these arguments. But you will never know if the machine was providing erroneous test results unless you have an experienced attorney request and examine the machine’s data. Without a full inquiry into the evidence against you, you may never know if there are issues with the prosecutor’s case against you.


Because DUI evidence includes both detailed objective science and subjective eye-witness observations, it is essential that your Indianapolis DUI lawyer be thoroughly understand the scientific evidence, including the officer’s training in order to expose any bias in the officer’s conclusions that your driving was impaired. Officers are trained to identify the unusual and how that relates to impairment. As a result of their training officers are sometimes have incorrect recollections and with a bias toward find someone impaired, sometimes draw inaccurate conclusions. It is not uncommon for errors to occur when an Indianapolis police office is conducting a field sobriety tests or a breath test. It is essential that you find an attorney who will assess the State’s evidence for weaknesses before you make any life changing decision.

Contact our Carmel DUI law firm with questions regarding the evidence in your DUI case.

We Can Help!

Invalid Email
Invalid Number




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.



Hiring a Criminal Defense Lawyer

Former Judge of the Whitestown Town Court, Attorney Emerson explains what to look for when considering a criminal defense attorney.

Criminal Penalties in Indiana

From Felonies to Misdemeanors we will explain the possible legal consequences associated with each criminal charge.

Legal law concept image

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!

If you need help we are happy to talk to you at no charge.  Give us a call or click the button to make an appointment.

About Us

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

Phone: 1-317-969-8000

Email: Info@EmersonLawLLC.com

Our Services

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.

Find Us

Contact Us

Please enter your name.
Please enter a message.

Copyright © 2012-2019, Emerson Divorce and Accident Injury Attorneys, L.L.C.

The laws governing legal advertising in the state of Indiana require the following statement in any publication of this kind: Advertising Material. This website is designed for general information only. The information presented at this site should not be construed to be formal legal advice, nor the formation of a lawyer/client relationship.

This site makes use of licensed stock photography. All photography is for illustrative purposes only and all persons depicted are models unless otherwise noted.

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.