A Look at the DUI Basics There are literally thousands and thousands of DUI arrests across the country every year. It can be one of the most dangerous crimes as well as over 10,000 people are killed in an accident involving drunk driving each year. In today’s blog we take a look at the basics of a DUI or drunk driving arrest in Indiana. The BAC Charge This is the number that is most promoted…
A Look at Indiana’s Jake Laird Law – Returning of Firearms in a Criminal Case Despite an individual’s constitutionally protected right to keep and bear arms, if certain circumstances exist, the police are authorized to take one’s firearm to hold and even potentially destroy. The law that allows the retention of firearms is Indiana Code 35-47-14, or otherwise known as the “Jake Laird” law. This law was enacted in 2005, subsequent to the murder of…
How to Avoid Arrest at the 100th Running of the Indianapolis 500 The Indianapolis 500 is one of the greatest sporting events in the world on any regular year, but this year will be bigger than ever. It is the 100th anniversary of the greatest spectacle in racing. It is the first time in many, many years that the 500 will be sold out! What does that mean? Well, it likely means that the approximate…
A Quick Look at the Consequences of Refusing a Chemical Test in Indiana: A substantial number of our clients who have been charged with a DUI tell us that after they were pulled over, they refused the tests the officer asked them to do because once upon a time that’s what they heard or were told you’re supposed to do. The theory is that if there is no test, then it will be difficult or…
Indiana Administrative Code 260 IAC 2-1 – Breath Test Operators & Instruments Everyone on earth, it seems, has heard of a “breathalyzer” test in every single run of the mill Driving Under the Influence (hereafter “DUI”) and/or Operating a Vehicle While Intoxicated (hereinafter “OVWI”) case. But, did you know there is an entire administrative code section drafted by the Indiana legislature to address how breathalyzers are to be certified, who can administer them, and how…
A Quick Look at the Impact of Being Non-Suspendible and the Community Corrections Option: Being charged with a crime is undoubtedly a frightening situation for many reasons. The most terrifying of which has to be the possibility of time behind bars. When someone is charged with a crime, whether it be a misdemeanor or a felony, there is always the risk that they may spend some time incarcerated. The more serious the charges, the more…
What are the different legal standards in Indiana and when do they apply? You probably know that to be convicted of a crime, the State must prove you guilty “beyond a reasonable doubt.” One question we get frequently, however, is what exactly “beyond a reasonable doubt” means. It is difficult to answer that question in a specific manner, but looking at some of the other standards of evidence in relation to reasonable doubt can help…
DUI’s In Indiana Involving Things Other Than Alcohol Almost every single person alive has heard that you can be charged with Driving Under the Influence, Operating a Vehicle While Intoxicated, and/or Operating While Intoxicated when you are intoxicated by alcohol. But, did you know you can be found guilty of Operating a Vehicle with a Metabolite in your system? For being intoxicated by the metabolite and for just having it in your system without intoxication?!?! And,…
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Brad Banks who has more than 20 years of legal experience as a criminal defense attorney.