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,…
Understanding Your Right to Face Your Accuser and to Confront Witnesses in Your Case You probably know that if you’re charged with a crime, you have many important rights such as the right to remain silent and the right to trial. You may be aware that you have the right to confront witnesses against you as well, but many people misunderstand that right and don’t know that this right isn’t always what it seems. The…
A New Years Resolution You Didn’t Expect It never fails…the first day of the New Year is always a busy day for our phones at the Indianapolis Criminal Defense Attorneys of Banks & Brower, LLC. While many people are setting their sights on healthy New Year’s Goals like losing weight, being patient, drinking less often, being kinder…blah blah blah, inevitably, many others are testing their vices…drinking to access, partying to access, and engaging in behavior they…
INDIANAPOLIS CRIMINAL DEFENSE ATTORNEY BLOG: FREQUENTLY ASKED QUESTIONS ABOUT DUI/DRUNK DRIVING ARRESTS IN INDIANA INDIANAPOLIS CRIMINAL DEFENSE ATTORNEYS AT BANKS & BROWER LOOK AT FAQ’S FOR DRUNK DRIVING ARRESTS Are sobriety check points legal? Yes, several times throughout Indiana law enforcement officers setup sobriety check points. As long as they are properly advertised and delineated with signage, they have been found to be legal. Can’t I just turn on a different road and avoid the…
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.