May 09, 2016
DUI, driving under the influence, is a serious charge and certainly one that is to be avoided. DUI checkpoints are roadblocks that allow police to evaluate drivers for possible DUI. Also called mobile checkpoints, these areas are set up specifically for law enforcement to check drivers for sobriety. In Indiana, the legal limit is 0.08% blood alcohol concentration (BAC). Tests may be given to those who are thought to be driving while intoxicated. DUI is also referred to as operating while intoxicated, or OWI.
There are a number of DUI tests that may be given. First, you may be asked to participate in field sobriety tests, FSTs. These are tests given that allow officers to evaluate your condition and determine whether further testing is necessary. FSTs may include walking a straight line and standing on one leg, among other things. These tests are done only as a general evaluation. If the officer feels that the driver did not perform the tests properly, he may request official DUI testing.
The DUI breath test, also called a breathalyzer test, is familiar to most people. It is a simple test that measures BAC through the breath. The driver blows into the test unit for the specified length of time and the results are provided immediately through a readout. There are occasionally some problems with these units and they are not always accurate or properly administered. If not, the reading may be inaccurate and this could be the basis for fighting your DUI case.
A blood test is a more precise way to measure the concentration of alcohol in the bloodstream. This test must be properly administered in order to be correct. For example, if the blood is not drawn quickly there could be a variation in the result. It is important to know that while you are required to submit to the test, you can also request that you have your own test completed. This would be done at your own expense, but can sometimes prove extremely helpful in fighting DUI charges, especially if the results are different.
DUI checkpoints must be done in a legal manner. Law enforcement must set them up according to the legal guidelines. They are required to randomly select vehicles for inspection. This means that they may inspect only the third vehicle, or whichever increment they have pre-determined. Therefore, if you are stopped for evaluation out of sequence, it could mean that that it was made improperly or illegally. This is something that could be brought up during your defense. However, at the time, you must stop for a DUI checkpoint if instructed to do so.
DUI charges are extremely serious and require aggressive defense. If convicted of DUI you may be facing a number of different penalties including fines, points on your license, suspension of your driver’s license, and jail time, among other punishments. It is essential to fight DUI charges with help from an experienced DUI attorney. Do not hesitate – the best results occur when your attorney is involved as soon as possible. If you have been charged with DUI contact the skilled DUI attorneys at The Bellinger Law Office to discuss your case.
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