Can I fight a DUI in Indiana if I was over the limit?

Driving under the influence of alcohol or other intoxicants is a criminal violation in the State of Indiana. A first DUI offense is a Class C Misdemeanor with a possible jail time not to exceed one year. Indiana's DUI laws uses the nationwide standard of a blood alcohol concentration (BAC) level of .08 percent or more to measure whether a driver is impaired. Indiana imposes a stricter standard for drivers under the age of 21 and commercial vehicle drivers. "Other intoxicants" include illegal substances such as marijuana, cocaine or methamphetamine.

If you are convicted of a first DUI offense in Indiana, you will fees of $300 or more and may be fined up to $5,000. In addition to the aforementioned jail time, your drivers license will be suspended for a minimum of 30 days which will be followed by a probationary period during which you may be allowed to drive only to work and back. You may also be placed on probation and may be required to participate in a substance abuse course at your own expense. The court may order the installation of an ignition interlock device on your car, mandatory attendance at a victim's impact panel as well as submission to subsequent chemical testing for drug and alcohol abuse.

It is very difficult to refute testing whose results show that you were over the limit. However, defenses often used in these cases include the following:

• Illegal arrest, including no probable cause for the traffic stop in the first place

• Insufficient evidence for suspecting that someone was driving recklessly or under the influence of drugs or alcohol

• Procedural errors, such as denying the suspect the right to counsel or the right to obtain an independent chemical test

• Faulty blood alcohol content (BAC) testing

Talk with an experienced drunk driving defense attorney to discuss Indiana's DUI laws.