In Indiana, defenses are available for DUI cases. These defenses are based on the circumstances of the arrest and how the blood-alcohol content reading was acquired. An attorney helps individuals accused of these infractions build a Criminal Defense in Kendallville based on these circumstances.
Defense of Necessity
The defense of necessity applies if the driver didn’t have a choice. Circumstances that apply include a medical emergency or the need to escape immediate danger. The attorney must provide evidence of these circumstances. A police report against their attacker or the records of hospital admission supports this claim. Any evidence of date-rape drugs in the defendant’s system is also credible evidence.
Faulty Breathalyzer Test
The breathalyzer must be tested according to the manufacturer’s schedule. The attorney may acquire the records for these tests including what device was used during the arrest. If the device wasn’t tested or maintained, the attorney could get the charges dismissed. The attorney can also request testing for the device. The findings could also present clear evidence of an invalid charge.
A Second Blood Test Result
The driver has the right to an attorney immediately following their arrest. They can wait until their attorney arrives to submit to testing. They have the right to acquire a second blood sample for additional testing. The second sample must be tested by a lab away from the county jail. The findings of both tests must be the same. If the additional test indicates that the driver wasn’t intoxicated, the judge may dismiss the charges based on inaccurate results.
Fighting a Refusal to Submit
All drivers have the right to refuse test. In Indiana, the court can issue penalties for this refusal. However, if their attorney proves the allegations false, the state cannot enforce penalties for this choice.
In Indiana, a defense attorney provides a solid foundation to prevent a DUI conviction. A common defense is a necessity, in which the driver had no choice. This indicates circumstances of a medical emergency or potential attack. Faulty breathalyzers indicate a defense as well. An attorney helps these drivers by acquiring an additional sample for testing. Individuals who need a Criminal Defense in Kendallville should contact Yoder & Kraus today.
