Criminal Defense Lawyer For DUI in Indianapolis, IN

Anyone with glasses should be instructed to take them off. This test is looking for the involuntary jerking of the eyes as they gaze towards the side. This is caused by alcohol, inhalants, depressants, and anesthetics. This is tested by a typical follow-the-tip-of-my-pen kind of test. Before the test is performed, however, the officer should check to make sure both pupils are equal in size. If they are not, this can indicate either a head injury or a mental illness. Clues for this test include: the inability to smoothly follow the pen, distinct jerking of the eyes when they are at maximum deviation (this jerking must last longer than 4 seconds to be abnormal), and jerking of the eyes that begins before a 45 degree angle is reached.

The walk and turn test requires nine heel-to-toe steps. The most important thing about this test is that the instructions call for the person to be able to actively listen and keep control of their body at the same time. An impaired person can usually only do one or the other. The clues for this test include: beginning before the instructions are finished, stopping while walking, breaking heel-to-toe contact, stepping off the line, using arms to balance, turning improperly, and taking the wrong number of steps. However, if a person steps off the line more than once, it is still only considered one clue. People aged 65 or older have a significantly harder time with this test, due to their age. Anyone with heels on should be given an opportunity to remove them.

The one leg stand test requires the suspect to stand with their leg 6 inches off the ground, straightened, for 30 seconds. Clues for this test include: swaying, using arms for balance, hopping, and putting the foot down.

In general, the field sobriety test is 93% accurate at indicating a blood alcohol content of .10% or higher.

Other observations that an officer can make during a pre-arrest screening are pupil size, lack of convergence (LOC), and Romberg Balance. These will usually be done at the same time as the field sobriety test. Pupil size is an observation based on the fact that most drugs will either constrict or dilate pupils. For example, stimulants, hallucinogens, and cannabis will dilate pupils while narcotics will constrict pupils. Depressants, anesthetics, and inhalants have no effect on pupil size.

The lack of convergence test is testing for the inability to cross one’s eyes. There are no clues for this, but the officer will mark whether a lack of convergence was present or not present to be used as evidence.

The Romberg Balance test is used to test the suspect’s ability to estimate the passage of time. The person will be asked to tilt their head back, close their eyes, and estimate the passage of 30 seconds. During this time, the officer will be looking for tremors or swaying. If 90 seconds passes, the officer should stop the test.

Do you feel that you were wrongfully arrested for a DUI? Call Alex Mendoza, criminal defense attorney, to find out what can be done.

Breathalyzers and blood samples are examples of biological testing that may be used in determining the impairment of a driver. If an officer requests a chemical test of a suspect, the suspect is required under the Indiana implied consent law to consent to the test. The implied consent law basically states that consent is a condition of having a driver’s license in the state of Indiana. If the suspect does not consent to the test, their driver’s license will be suspended. Upon refusal of the chemical test, the officer must inform the suspect that their license will be suspended if they do not comply (IC 9-30-6-1). The test, whether it be a breathalyzer test or a blood sample, must be conducted within three hours of the officer requesting the test (IC 9-30-6-2).

However, there are some restrictions to the breathalyzer, specifically. The director of the state department of toxicology must certify all breathalyzer equipment and administrators. If a breathalyzer has not been certified in the last 180 days, it is inadmissible in court. If an officer is not certified to administer the breathalyzer, it is inadmissible in court also (IC 9-30-6-5; Guy v. State, 823 N.E.2d 274, 275–276 (Ind. 2005); Baran v. State, 639 N.E.2d 642, 645–646 (Ind. 1994); Short v. State, 962 N.E.2d 146, 149 (Ind. Ct. App. 2012)).

An officer can obtain a warrant for a blood test if the person refuses to give a blood sample. The officer can also conduct a warrantless blood test if exigent circumstances arise. In this case, exigent circumstances would mean that the evidence was in danger of being destroyed. Blood alcohol content diminishes constantly after the person discontinues drinking. Because of this, it would be impractical to obtain a warrant because the person’s blood alcohol content would already be diminished (Frensemeier v. State, 849 N.E.2d 157, 162 (Ind.Ct.App.2006)).

Were you the victim of a faulty breathalyzer? Were you forced to take a blood test? Call Alex Mendoza, criminal defense attorney, to set up a consultation and see what he can do for you. (219) 200-2000.