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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,...
What is the difference between dismissal and discharge in Indiana, particularly in a criminal DUI case?
About four years ago I got a DUI in Indiana. The prosecutor offered me a deal where the charge 'went away' after I completed some requirements (classes, probation, etc). I am currently about to deal with a DUI in Colorado. Looking at my charge from indiana, I'm not sure that it did... I can't find it in mycourts.in.gov odyssey search, but I was able to find it through the county courts website and purchase a copy of my case. It ends with: "2013-11-19 COMES NOW PROBATION (HI) AND FILES DISCHARGE. " Is that better / worse than dismissal for what I am facing? Will this be viewed as a second DUI in Colorado?
I suggest you repost this with Colorado as your location. You will need a Colorado attorney to tell you how the...
How can I prove that the officer did not recite the informed consent without video or audio?
I was arrested for OWI with endangerment in Aug 15 in Hamilton county Indiana. I refused the PBT and was taken to jail where I also refused the blood test at which time they obtained a warrant and took my blood anyways. I was not informed by the officer that would result in suspension of my license for up to one year. However, they are now saying there is no video or audio of my arrest or from within the jail. The way the police report is written, they were not going to count my PBT refusal as my final refusal but then when I refused the blood test that counted as my refusal. I am planning on pleading guilty but am trying to get my license back at least by proving that I was not told that my refusal would result in the suspension.
Pleading guilty at this point would be a huge mistake. You could be causing your self numerous problems from license...
Convicted of OVI in Ohio, live in Indiana. Is Ohio wrong in asking for reinstatement fee?
My boyfriend was convicted of an OVI in Ohio(we live in Indiana), he plead guilty and got a 6 month license suspension, among other things. A couple months later Ohio sent him a letter telling him to send in his driver's license, proof of insurance and a reinstatement fee of $475. I looked online and it says Ohio cannot take out of state licenses, it's up to the home state. Is Ohio mistaken in asking for this? Does he owe them a reinstatement fee since he doesn't have an Ohio driver's license? Indiana has not sent him anything asking for a reinstatement fee or even saying that his license is suspended. He went through a Driver Safety Program required by the Indiana BMV and that plus the OVI are on his driver record, but his driver record doesn't even say he has a suspension. I'm not sure what to do, he wants to call a lawyer, but I feel that's too drastic. If Ohio is mistaken should we just call the BMV they're telling him to send his license to and explain he's not a resident? And why would his driving record not have the driving suspension on it, does it mean he's not suspended in Indiana?
Seems like you've been sent a form letter. No, it doesn't apply to him.
Am I eligible for any kind of restricted license and if yes, what do I need to file? My lawyer hasn't replied to any of my calls
I was convicted on my 3rd DUI, due to the length of time it had been since my last DUI it was a class A misdemeanor. I lost my license for 2 years due to refusal of breathalyzer and an additional 6 months for my charge. This happened in June of 2014.
My best advice, if your attorney won't return your calls, look for another local attorney to assist you.
Does prescription narcotics in a urine test constitute DUI, without a blood test to determine what's in your system & how much?
I have retained counsel, but haven't had a face-to-face yet. I'm a disabled vet & have been on the same narc prescriptions for 26 yrs. I drove to assist a friend (hadn't been out of my home in 4 days - flu) & when reversing, suddenly felt dizzy. Immediately pulled into a parking spot in a parking lot. Turned off vehicle, but was listening to radio with windows down. Police arrived (claimed someone called about person in vehicle). I told officer I felt dizzy, almost like having a stroke. Police proceeded to accuse me of being drunk, FST & breath test - 0.00. They then took me for a urine drug test at Hosp. Minutes after providing sample, was told I was under arrest for DUI for medication. I felt I had nothing to hide, so I went along with tests, but they told me that refusal to do tests was legal admission of guilt. I did not have any medications or bottles with me. The officers offered no concern for my health, but kept telling me I was drunk or high. I have no criminal history, except speeding tickets. Does simply having prescription med in my urine justify DUI charge? No blood sample was taken.
Because you have retained counsel, you need to discuss your matter with said attorney. Good luck.
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