Can Consuming CBD Oil Result in a DUI in Indiana? As of July 1, 2018, the Indiana General Assembly has put into law language that allows for Hoosiers to possess cannabidiol (or CBD) oil for recreational use or dietary consumption. Under Indiana Code (IC) 35-48-1-17.5, Hoosiers are allowed to possess “low THC hemp extract” products which are defined as being “derived from Cannabis sativa L.” OR “contain[ing] not more than 0.3% delta-9-THC (including precursors).” In…
Language Barrier Issues & the Indiana Implied Consent Law – I am a police officer. I have probable cause to believe that you have operated a vehicle while intoxicated. I must now offer you the opportunity to submit to a chemical test and inform you that your refusal to submit to a chemical test will result in the suspension of your driving privileges for one year. If you have at least one previous conviction for…
A Quick Snapshot of all of Indiana’s DUI Charges Below is a quick visual of all the common DUI charges in Indiana. As you can see, Operating a Vehicle While Intoxicated charges range from anywhere between simple misdmeneanors to complex felony charges. Should you or a loved one be charged with a DUI, it is important that you have a DUI attorney that has prosecuted and/or defended thousands of DUI’s. All of the criminal attorneys…
A Quick Guide to Reading and Understanding an Affidavit for Probable Cause in a DUI Being pulled over by a police officer for any reason is a stressful event. However, multiply that anxiety by 10 if you are being pulled over when you know you are operating a vehicle while over the legal limit and facing a DUI. If you have faced that situation, you inevitably have been subject to criminal prosecution. We have written…
The Most F.A.Q. Regarding DUI Refusal Suspensions: Most people have heard by now that refusing to take a chemical test in Indiana as part of any DUI can lead to serious consequences. Some have heard that while it may result in serious consequences, you may be lucky and the officer will be too lazy to bring you in for a blood draw, and thus you avoid a DUI arrest. Regardless, the idea that you can…
One of the most common charges we see as criminal defense attorneys is the crime of operating a vehicle while intoxicated. This many times comes with the charges of Operating a vehicle with a BAC of .08 to .14 or Operating a vehicle with a BAC of .15 or more. But, where do those BAC results come from? In Indiana the primary source is a breath test machine. In today’s blog we take a closer…
A quick look at the Supreme Court’s recent ruling in State of Indiana v. David Brown on whether Miranda warnings apply to DUI checkpoints. On March 2, 2017, the Indiana Supreme Court determined, as a matter other f first impression, that Miranda warnings are not required when a driver was detained at a sobriety checkpoint. This case stemmed from a 2013 incident where the Indianapolis Metropolitan Police Department established a checkpoint to apprehend and deter…