Frequently Asked Questions About Fighting a DUI or OVWI in Indiana
1. Can an Indiana DUI or OVWI charge be dismissed?
Yes, an Indiana DUI or OVWI charge may be dismissed in some circumstances. Dismissal can depend on issues such as an illegal traffic stop, problems with chemical testing, insufficient evidence, or other weaknesses in the State’s case. A dismissal is never guaranteed and depends on the specific evidence.
2. Can a DUI be thrown out if the traffic stop was illegal?
Potentially. Police generally need a lawful reason to stop a vehicle. If the defense successfully challenges the legality of the traffic stop, evidence obtained afterward may be suppressed. Depending on what evidence remains, suppression could significantly weaken the prosecution’s case.
3. Can you challenge a breath test in an Indiana OVWI case?
Yes. Breath test results may be challenged based on issues involving the testing procedure, machine maintenance or calibration, operator qualifications, timing, or other circumstances that could affect the reliability or admissibility of the result.
4. Can police body-camera or dash-camera footage help fight a DUI?
Yes. Police video can be important evidence in an Indiana OVWI case. Footage may show whether the alleged traffic violation occurred, how field sobriety tests were administered, and whether the officer’s written report accurately describes the encounter.
5. What evidence should an Indiana DUI lawyer review?
A defense attorney may review the police report, body-camera and dash-camera footage, field sobriety testing, breath or blood test results, chemical testing records, witness statements, and the timeline of events. The evidence that matters most will depend on the circumstances of the arrest.
