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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,...
Charged with DUI: Charges dismissed after 6 months of interlock. BMV implications?
Hi I was charged with a DUI which, after various court dates, was found to have 'no prosecutorial merit'. As a condition of the charge being dismissed, I was ordered to have an interlock system installed for 6 months, which after successful completion of, the charge would be dropped. My question is this: will the BMV continue to show a failed test and/or installed interlock system once the case is dismissed or can that be removed from my record? My company pulls MVR's based on state driving records and they hope that I will have a 'clean' record by the time this is all taken care of. Thanks
In most states, criminal actions and licensing actions are separate. Contact a local DUI lawyer for a free consultation.
Charged with dwi
plea agreement is one year supervised probation, but still has to go to court before he could sign the plea bargain does that mean the jutge could still take his licence and set stifer penalties
always possible for a judge to not follow a plea agreement, but it is also unusual.
Dui to Reckless driving and possibility of jail
I had 0.12 percent of alcohol and had been pulled over last night . What are the chances of converting it into reckless driving and will i be in jail ? This is my first offense
Each county in Indiana is different in how they handle OVWI's. I don't know about Vigo but they never reduce to...
Is an incomplete police report enough for a motion to suppress in a DUI case?
15 MINUTES had passed since my gf and I were parked at the local golf course maintenance area before authorities arrived on scene, due to an anonymous caller about a woman walking down the road, who was picked up, and then parked on golf course property. Authorities asked what we were doing, I told them just talking, they asked if we had permission to be parked there. I told them I knew the owner. Within minutes owner arrived, confirmed he was the owner and that I always have permission to be on site. He was told to step aside so they can finish questioning. He stayed to witness the entire scene. Police report does not mention ANYTHING about the owner of property. They went on to question us and eventually fished out enough probable cause to proceed with a DUI stop.
The report doesn't mean near as much (if anything) compared to whether or not they can testify to facts establishing...
What to do about home detention?
I received an owi in July. I served 10 days and have 1 year probation and 90 days home detention to serve. It was not in my home county and normally they don't transfer misdemeanors here. They did allow my to transfer, but contact with the woman here seems like she didn't want to mess with it. Communication is nearly impossible. 4 months later and I'm still not hooked up. I have the phone line installed and money order to pay in full. I'm nervous it's going to cause me more trouble.
Not enough information provided. You should call a local IN Avvo attorney to review your case.
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