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In the state of Indiana, can you refuse a breathalyzer test, without penalty, if you are not operating a veichle?
I was driving a friend, who is 20, from my house back to his house at 11 PM. I was pulled over by an officer for having a headlight out. Batesville is a small town and the officer knew that my friend (sitting in the passenger seat) wasn't 21 and made him take a breathalyzer test to make sure he wasn't consuming alcohol underaged. The officer was very rude and his request for a breathalyzer test felt very invasive. I understand that you can get your licence suspended for 1 year if you refuse a test while driving but does this apply to other people in my car? Can an officer request for a breathalyzer while I am walking home from a bar and use it against me for public intoxication or do I have the right to to refuse a breathalyzer, without penalty, because I am not operating a motor vehicle?
Based on your question, it would appear that the "breathalyzer" to which you are referring is a portable, hand-held...
For a first time offender with no previous records what would be the correct way to handle an OWI. I was on a boat and blew a.08
When the IDNR officer pulled me over on the water i passed all SFTS but blew a .11 on the portable breathalyzer. They then took me back to the dock and completed more SFTS and passed all of those. I took another portable test and it was .094. They then took my to the jail where i completed the final Breathalyzer and it was .08 on the nose. They then incarcerated me for 4 hours and had to be bailed out at that time. I'm trying to find out how to plea or how to go about this to make it the least punishment. Someone advised me of something called a Promissory Deferment. Another person advised me to plea not guilty wait for the plea agreement and then make sure the 60 day suspension of my licence is then retroactive. Please advise. What do you think.
The way you handle this is you get an attorney who specializes in DUI. You have an option, you can reinvent the wheel,...
Pre Trial DUI
I got pulled over for speeding a few months back. I had been at a party and waited about 2 hours to head home after drinking. I got breathalyzed and blew a .04. Only being 20, I got arrested. My pre-trial is set for tomorrow and I need advice. Should I ask for a pre-trial diversion? This is my first offense. If not granted that, what would my next line of action be?
You need to talk to an experienced DUI attorney in Indiana and discuss more of the facts and your history. I can tell...
What does it mean to amend an owi charge?
This is my 3rd dui in Indiana and I'm out on bond. I was sent a paper to be back in court for another initial hearing to amend the owi charge.
Without reading the actual paperwork, an answer would not be appropriate. However, a third DUI is very serious. You...
1st arrest at 32 years old. Dui and schedule 4 drug possession in indiana. What should i expect?
I was arrested and charged with dwi, pi, possession of marijuana and possession of a schedule 4 controlled substance which i had about 100 xanax 2mg bars. I've never been arrested until this incident i am 32 years old. I had no intent to sell any drugs and was only charged with possession so what outcome should i expect.
No attorney will be able to explain exactly what the outcome of your case will be. A criminal case's outcome depends on...
Do I have to get out of my vehicle at a DUI checkpoint if I will not answer any questions & will not submit to a FST?
If I cannot satisfy the officer, asking questions that I refuse to answer, of my sobriety, & will not submit to a field sobriety test, Do I have to get out of my car, if he says to?
Most times an officer does not ask you to get out of the car it is not a question it is a command. I would say that if...
If I was not arrested at the time, can the blood test be thrown out?
Do you have to be arrested before you are read implied consent? If you were not under arrest can the results be thrown out?
The short answer is, "No", you do not need to have already been placed under arrest before an officer reads the implied...
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