When it comes to Operating a Vehicle While Intoxicated (OVWI) or Driving Under the Influence (DUI) charges in Indiana, timing and procedural details are crucial. In Indiana, facing a DUI charge can be an overwhelming experience, and one that should be treated seriously. Throughout this blog, we will break down the specifics behind the timing and procedural details of a DUI charge, drawing on the relevant statutes to provide clarity. If you or someone you know is facing the possibility of a DUI charge, ensuring you are well-informed about your rights and the steps following a DUI incident is vital.
Initial Police Involvement
The process typically begins with the involvement of police officers shortly after you have been driving. This might occur due to an accident or a routine traffic stop for a minor infraction like speeding or a broken taillight. If an officer detects the odor of alcohol or observes signs of intoxication, they will likely proceed with field sobriety tests and a chemical test, such as a breathalyzer or a blood draw.
Field Sobriety & Chemical Tests
Both field sobriety tests and chemical tests can be done at the scene of where you are pulled over, however, they are very different. Field sobriety tests involve a series of physical and cognitive exercises designed to assess impairment. These can include walking in a straight line, standing on one leg, or following an object with your eyes. If you fail these tests, the officer may then request that you take a chemical test. Depending on the situation, this could be a breathalyzer test or a blood test at a hospital. Unlike field sobriety tests, chemical tests can provide concrete evidence of your blood alcohol concentration (BAC) or the presence of drugs in your system.
What Is Implied Consent?
You may be wondering, do I have to submit to a chemical test? The short answer is “No.” You can choose to refuse a chemical test, however, this is not recommended as the consequences are serious and immediate. Under Indiana law, the moment you operate a vehicle, your consent to submit to a chemical test is implied. But what does this mean? Indiana Code § 9-30-6-1 states,
“A person who operates a vehicle impliedly consents to submit to the chemical test provisions of this chapter as a condition of operating a vehicle in Indiana.”
Further, Indiana Code § 9-30-7-2 states,
“A person who operates a vehicle impliedly consents to submit to the portable breath test or chemical test under this chapter as a condition of operating a vehicle in Indiana. A person must submit to each portable breath test or chemical test offered by a law enforcement officer under this chapter to comply with this chapter.”
Because Indiana is an implied consent state, refusing a blood or breath test triggers significant legal consequences. Refusing to submit to a breath test results is an automatic suspension of your driving privileges for one year, unless you have a previous DUI conviction in which case, the suspension is for two years.
Arrest & Detainment
If the police determine there is probable cause, you will be arrested and taken to jail. Probable cause is established when officers have enough reason to believe that you were operating a vehicle while intoxicated. During the stop, this conclusion can be made based on the evidence at hand, such as the results of field sobriety tests, chemical tests, or observable signs of intoxication.
Once arrested, the situation can quickly become stressful and confusing. It is important to remember to remain calm and cooperative while also exercising your right to remain silent. Typically, you remain in custody while the state decides whether to file charges. The length of time you remain in custody can vary. With first time offenses, it is often the case that you are released on bail or on your own recognizance. If, however, there are aggravating circumstances, such as a DUI involving death, you may remain in custody until you are released at a bail hearing.
Filing Charges: Timing & Considerations
With criminal cases, the state often has the flexibility to delay filing charges, particularly if you were hospitalized due to an accident. In such cases, there is no immediate rush to charge you, and the state may wait for your blood test results or other investigations.
When you are not in custody, several factors can contribute to the state’s decision to delay filing charges. The state may wait for laboratory results from a blood test or for law enforcement to finish gathering evidence and interviewing witnesses. For misdemeanors, the state has up to two years to file charges. If you are facing a felony, such as a second DUI, the state has an even longer period to file charges.
Absence From the Scene
Leaving the scene of an accident introduces complexities that extend the timeline for filing charges. In these instances, law enforcement must start a detailed investigation to piece together the events, identify the responsible party, and determine appropriate charges. This further extends and delays the timeline for filing charges, and can introduce new charges as well. Knowing these procedures is vital to understanding the ramifications and the extended time frame involved in such situations.
What To Do If You Suspect Charges
If you suspect that you may be charged with a DUI, it is crucial to seek legal representation immediately. Early intervention by an Indiana criminal defense attorney can significantly impact the outcome of your case and help protect your rights. When you hire legal representation early on, your attorney can file motions on your behalf to potentially preserve your driving privileges and ensure the state produces all witnesses at trial. Missing out on early legal representation can negatively affect your case and the outcome.
Make the Call Today
It is important to remember, simply being released from custody today does not mean charges will not be filed. The state may still proceed with the case once they have all the necessary information. If you have spent a night or two in jail and were told DUI charges could be coming, you need the Marc Lopez Law Firm immediately. Our criminal defense attorneys are well versed in Indiana’s DUI laws and have successfully defended clients in a variety of circumstances.
Understanding the intricacies of DUI charges in Indiana can be daunting, but knowing the process and your rights can make a significant difference in how you handle the situation. By staying informed, pleading the fifth, and calling the Marc Lopez Law Firm early on in the case, you can better navigate the situation and protect your rights and future.
If you or someone you know are facing potential DUI charges, do not hesitate to reach out. Call us today at 317-632-3642 and remember—always plead the 5th!
