If you’re curious about protecting your rights and knowing how to react if you get pulled over by an officer, read on to learn more about how and when you can be arrested for DUI and DWI charges in Indiana. An officer will often act within his or her legal rights to pull you over and ask you questions, but there’s also a chance the officer might violate your rights. If this happened, this information could be raised in your defense.
Indiana police officers are often acting well within their rights when they arrest someone for DUI or DWI. Typically, police officers will make an arrest for a misdemeanor only if they have a warrant for arrest or when the misdemeanor was committed in the officer’s presence. If the officer sees the violation or smells it such as in the case of smoking marijuana, the officer must have probable cause to believe that the suspect is in the process of committing a misdemeanor or has already committed one.
An officer must only have a reasonable suspicion to investigate any other supposed crimes such as the traffic violation. A police officer can arrest a driver for DUI, however, if the officer has strong probable cause to believe that the driver was operating a motor vehicle in violation of state DUI laws. This might mean a refusal to submit to a chemical test or the failure of a chemical test or failed sobriety test. Much like being under the influence of alcohol in violation of Indiana state laws, you might even receive DUI charges for being on prescription drugs. Indiana law prohibits motorists from operating vehicles under the influence of controlled substances.
The prosecution in these cases will need to illustrate that the driver was impaired by the presence of any such substances. A valid prescription may be a possible defense to a charge of driving under the influence of drugs but you need to share the circumstances of your individual attest directly with your experienced criminal defense DWI lawyer immediately-make sure you find a lawyer who has a strong background with DUI and DWI charges.