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Yes, you can. While many people believe that the legal limit for blood alcohol content (BAC) in Indiana is 0.08%, there’s more to the story. In Indiana, there’s a lesser-known BAC threshold of 0.05%, which can also get you into trouble. Let’s break down what this means and how it can affect you.
The 0.05% BAC: Relevant Evidence of Intoxication
In Indiana, a BAC of 0.05% is considered “relevant evidence of intoxication.” This means that if your BAC is between 0.05% and 0.07%, a prosecutor can use this as evidence in court to argue that you were impaired. They can present this evidence to the judge and jury to explain why you might have been involved in a car crash, why you were swerving, or why you behaved a certain way when you were pulled over.
How This Can Be Used Against You
Even if your BAC is below 0.08%, you can still face DUI charges. Here’s how it typically works:
– Evidence Presentation: The prosecutor will argue that, although your BAC wasn’t at the legal limit, your behavior and the circumstances surrounding your arrest indicate impairment.
– Jury Consideration: The judge and jury are allowed to consider your BAC, even if it’s under 0.08%, as part of the evidence against you. This could lead to a conviction if they believe the BAC level contributed to your impaired driving.
Real-World Implications
It’s important to understand that while a BAC of 0.05% doesn’t automatically mean you’re guilty of DUI, it does mean that you’re not in the clear. The prosecution can use this evidence in various ways to build a case against you. For example, they might argue that your BAC, combined with other evidence such as erratic driving or failing field sobriety tests, shows that you were impaired.
Legal Precedent in Indiana
Recently, there was a published appellate opinion in Indiana involving a case where the defendant had a BAC below 0.08%. The court upheld the conviction based on the argument that the lower BAC still contributed to the person’s impaired ability to drive safely. This case sets a precedent that reinforces how a BAC of 0.05% to 0.07% can be used in DUI prosecutions.
The Importance of Legal Representation
If you find yourself facing DUI charges with a BAC under 0.08%, it’s crucial to have experienced legal representation. A knowledgeable attorney can:
– Challenge the Evidence: They can question the accuracy of the BAC test and the validity of other evidence presented by the prosecution.
– Provide Defense Strategies: They can develop strategies to show that your BAC didn’t impair your driving or that the arresting officer didn’t follow proper procedures.
Make The Right Call
Driving under the influence is a serious offense, and even a BAC below 0.08% can lead to legal trouble in Indiana. Understanding the nuances of DUI laws and having strong legal representation can make all the difference in your case. Stay informed, drive safely, and if you ever find yourself in a legal bind, don’t hesitate to reach out to the Marc Lopez Law Firm. We’re here to help.
DUI defense is our passion, and we are here to help you navigate these challenging situations. If you have questions about DUI defense or need legal representation, give us a call at 463-276-5737, and remember—always plead the Fifth!