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CBD Oil and DUI’s in Indiana

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…

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Indiana Implied Consent and Language Barrier Issues

Posted in On May 27, 2018

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…

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Graphic Display of Field Sobriety Tests Administered in Indiana for DUI Arrest

FST picto

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DUI Refusal Suspensions F.A.Q.

Posted in On September 3, 2017

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…

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Indiana BAC Machine Information

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…

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Miranda and DUI Checkpoints

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…

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Refusing a DUI Chemical Test in Indiana

Posted in On February 19, 2017

Refusing a Chemical Test During a DUI Investigation: The Supreme Court’s Recent Ruling: A look at the Supreme Court’s most recent ruling on what counts as “refusing” a chemical test.  If you ever find yourself in a position where a police officer suspects that you are intoxicated and is asking if you will submit to a chemical test, your actions are just as important, if not more, than your words when it comes to determining…

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Frequently Asked Questions Regarding DUI Arrests

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…

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