Our attorney has extensive experience in handling drunk driving cases throughout Northwest Indiana, including Lake, Porter, La Porte, Newton, Jasper, Starke, and Pulaski Counties.

First of all, the police must show that you were operating the vehicle. The police or a witness must actually see you operating your vehicle. If the police finds that you sleeping in a running vehicle, under the influence of alcohol, that is parked, it usually is not a sufficient evidence to prove that you were operating the vehicle. The police may not have sufficient evidence to prove you were driving the vehicle if they come upon your disabled or wrecked vehicle and you are outside the vehicle. Your case may be dismissed or a judge or jury may find you not guilty of operating while intoxicated if the State cannot prove that you were operating the vehicle.

The police must observe a traffic violation or have reasonable suspicion that you are operating a vehicle while intoxicated in order to stop your vehicle. An anonymous caller does not provide a reason for the police to stop you. In addition, a police officer’s mistaken belief for traffic violation is not a valid reason to stop you. An Indiana Court has recently held that swerving one time in your lane does not provide reasonable suspicion for a traffic stop. A motion to suppress may result in the judge excluding all evidence of your intoxication if the police don’t have a valid reason to stop you.

The police will often have you perform field sobriety tests to determine whether you may be intoxicated after being stopped. An experienced criminal defense attorney will examine those tests. Blood and breath test scores are not always accurate. Was the officer that performed the test on you properly certified? Was the machine used to collect your breath or blood properly calibrated? Did the officer follow proper protocol in performing the test on you? Are the field sobriety tests you performed standardized? Was the officer properly trained in giving the tests? Did the officer properly instruct you on how the tests were to be performed? Did the officer properly conduct the tests on you? Did the officer properly score you on the tests? Most people stopped by a police officer and accused of a crime are going to be nervous and may very well not be able to properly perform the tests when completely sober. Your failure to pass those tests doesn’t necessarily mean that you were intoxicated even if the officer is properly trained, properly conducted the tests, and properly scored you.