What Happens After Being Arrested for a DUI in Indiana?

What Happens After Being Arrested for a DUI in Indiana?

Ending up in the back of a squad car is a situation that no one ever wants to face. If you have been arrested for a DUI in Indiana, you may be overwhelmed with anxiety about your driving privileges, your job, and your freedom. First, take a breath knowing that an arrest is not the same as a conviction. With the right legal strategy, you have opportunities to protect your future.

At Worthley Law, we bring unique insight to your defense. Attorney Mark Worthley is a former Indiana Deputy Prosecutor who understands exactly how the state builds its case against you, and more importantly, how to defend against it.

What Should You Know About Field Sobriety and Chemical Tests?

During a traffic stop, officers collect evidence to establish probable cause. It is vital to understand the difference between the two main types of testing used:

• Field Sobriety Tests: These include the Horizontal Gaze Nystagmus (following a pen with your eyes), the Walk and Turn, and the One-Legged Stand. These tests are subjective and often flawed, as they can be inaccurate due to nervousness, medical conditions, or poor road conditions.
• Chemical Tests: These typically involve a breathalyzer or a blood draw. While these offer more scientific proof than field tests, they are not infallible. Improper calibration of machines or mishandling of blood samples can render the results invalid.

It’s also important to know that you can refuse to submit to a field sobriety test, but you cannot refuse a chemical test without penalty.

Will I Lose My License?

One of the most immediate concerns after an arrest is your ability to drive. Indiana operates under “implied consent” laws. This means that by driving on Indiana roads, you implicitly agree to submit to chemical testing if an officer has probable cause. Thus, losing your license can happen based on:

• Refusal: If you refuse a certified chemical test, your license is typically suspended automatically for one year.
• Failed Test: If you submitted to a test and were found to be over the legal limit (.08%), the court will issue a provisional suspension at your initial hearing.

However, an experienced attorney may be able to petition the court for Specialized Driving Privileges. This provision of a “hardship license” allows you to drive to essential locations, such as work, medical appointments, and court hearings, ensuring the suspension doesn’t completely halt your life while your case is pending.

What Can Court Timelines Look Like for an Indiana DUI?

In general, an Indiana DUI case follows this timeline:

1. Initial Hearing: You will appear before a judge, where your charges are read and a plea is entered.
2. Discovery and Investigation: Your attorney reviews the police report, video footage, and test results to find errors or weaknesses in the state’s procedure.
3. Pre-Trial Negotiations: The attorney will negotiate with the state. This is where many cases are resolved through plea bargains or dismissals.
4. Trial: If a favorable agreement cannot be reached, your case goes to trial, where your attorney will fight aggressively for a positive outcome.

Understanding the procedures that are to come can reduce the stress of the criminal justice process.

What Are Some Early Defense-Building Steps?

Time is critical in a DUI case. Taking the right steps immediately after your release can significantly impact the outcome.

• Write Everything Down: While your memory is fresh, document every detail of the stop. What did the officer say? Was the road uneven during your field sobriety test? Creating a personal record as soon as possible can be impactful evidence.
• Contact an Attorney Immediately: Find a defense team as soon as possible who can evaluate the evidence and create a strong defense.
• Do Not Discuss Your Case: Avoid posting on social media or discussing details with anyone other than your legal counsel.

An attorney’s help can be instrumental in quickly building a strong DUI defense.

Take Steps to Protect Your Future With Legal Counsel

Your future matters, and a single mistake shouldn’t define the rest of your life. By understanding what comes after a DUI-related arrest and taking prompt steps afterward, you can set yourself up for a better outcome.

If you or a loved one has been charged with a DUI in Valparaiso, La Porte, or Porter County, contact Worthley Law immediately. With our experience and legal strategies behind you, we can help you pursue results that will keep your life on track.