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Getting arrested for DUI (or OVWI, as Indiana law calls it) can feel like the end of the road. Many people believe that once police have a breath test or blood result, conviction is guaranteed. That’s simply not the case.
At the Marc Lopez Law Firm, we defend DUI cases every day. The law requires police and prosecutors to follow strict rules, and when they don’t, evidence can be thrown out. Here are five common defenses that could save your license, your record, and your freedom.
Yes, if the state can’t prove the breath test was properly administered, the results are inadmissible.
Indiana’s breath-testing machine, the ECIR II, must be inspected and calibrated every 180 days. Officers are required to follow exact procedures laid out in the Indiana Administrative Code. Despite poster-sized instructions in many testing rooms, officers still make mistakes.
When that happens, courts have ruled there’s no wiggle room. An unreliable test cannot be used to convict you.
Your blood alcohol concentration (BAC) doesn’t stay the same. It rises as alcohol is absorbed and falls as your body processes it. This timing can be critical.
If you were stopped at 8:00 p.m. but didn’t blow until 8:30 p.m., your BAC could be higher on the test than it was when you were actually driving. That matters when the number is close to the legal limit, like 0.08 or 0.15.
Indiana law allows for a rebuttable presumption. With scientific evidence, a skilled attorney can argue that your BAC at the time of driving was lower than the later test shows.
When someone looks sober on video but blows a high number, that inconsistency can be powerful.
We’ve seen clients pass field sobriety tests, walk and talk normally, yet test well over the limit. Jurors don’t like it when the evidence doesn’t match up. The prosecution may try to argue “tolerance,” but without proof of alcoholism, that’s just speculation.
If the video shows sobriety and the numbers suggest otherwise, that’s a defense worth fighting.
Yes—in certain cases, necessity can be a complete defense.
Example: A client left a bar after hearing gunshots inside. He had been drinking, but faced with staying in danger or driving a short distance to safety, he chose to drive. Police stopped him, but we argued necessity and the judge agreed.
The law recognizes that sometimes, breaking one law is less harmful than facing immediate danger. It’s not common, but when applicable, it can be a winning defense.
Absolutely. The state must prove an unbroken chain of custody for blood evidence.
That means showing exactly who handled the sample, where it was stored, and when it was tested. In reality, samples often sit in lockboxes or refrigerators before testing. If the paperwork doesn’t add up, judges may exclude the results.
Without reliable blood evidence, the state’s case can fall apart.
No. Even when the evidence looks strong, there are defenses that can be raised. Breath test errors, rising BAC, video contradictions, necessity, and chain-of-custody issues are just five examples.
The attorneys at the Marc Lopez Law Firm have used all of these strategies to fight DUI charges and we know how to build a defense tailored to your case.
If you’ve been arrested for DUI in Indiana, don’t give up. Call us today at 463-946-0521. We’ll talk through your options, explain your defenses, and fight for the best outcome.
And always remember: plead the 5th.