Facing DUI or DWI charges in Portage can feel like everything is happening all at once, and the pressure to respond quickly is real. Your Portage DUI/DWI attorney with The Law Office of Joseph M. Roberts LLC is here for you.
Our team will help you understand what comes next and what options you have. With 15+ years of combined experience, your criminal defense lawyer will guide you through each step and make decisions that protect your future. If you are ready to talk, we are here to listen, so reach out today and let us know how we can support you.
Why The Law Office of Joseph M. Roberts LLC May Be the Right Choice for You
We know how stressful it can feel when you are dealing with a DUI charge in your own backyard. Our firm brings over 15 years of combined experience and a deep understanding of how things work right here in Portage. We have built relationships with local judges and prosecutors, which gives us insight into how cases like yours are often handled.
From reviewing the traffic stop to negotiating plea deals or preparing for trial, we know what to look for and how to help you stay one step ahead. We keep you informed, answer your questions clearly, and make sure you feel supported throughout every stage of your case.
What Should I Do If I am Pulled Over For Suspected DUI in Indiana?
Getting pulled over on suspicion of DUI can be nerve-wracking, especially if you have never been through it before. Officers will be watching everything from how you speak to how you move, and your response in those first few minutes can shape what happens next. The most important thing you can do is stay calm and remember your rights. Here are some steps to keep in mind during a DUI stop in Indiana:
- Cooperating without volunteering incriminating information
- Knowing what information you are legally required to provide
- Responding to field sobriety test requests
- Recording details after the stop
- Avoiding statements about alcohol consumption
- Remaining respectful while asserting rights
What you say and do during a traffic stop could affect whether you are charged with a misdemeanor or felony DUI. The outcome often depends on the chemical test results, your criminal record, and how the situation is documented. Under Indiana Code § 9-30-5-1, prosecutors must prove impairment based on blood alcohol concentration (BAC), observed behavior, or refusal to comply with certain procedures.
Do I Have to Consent to a Breathalyzer Test?
When you are pulled over in Indiana, the officer may ask you to take a breath test. Most drivers do not realize that saying no can have consequences before your case even makes it to court. That is because of the state’s implied consent law, which applies as soon as you get behind the wheel.
Implied Consent and Administrative Penalties
Under Indiana Code § 9-30-6-1, if you refuse a certified breath test after a valid DUI stop, the state can suspend your license immediately. This can happen even if your case is never filed or if you are not found guilty later. Refusal also removes your eligibility for a hardship license in many cases, which means you may be stuck without any driving privileges while your case plays out.
Challenging Test Results and Procedure
Not all breath tests are accurate, and there are ways to fight the results in court. If the machine was not calibrated correctly or if the officer did not follow proper procedure, we may be able to keep the results out of evidence entirely. This is especially important in cases where the results show a high BAC or where someone has a prior DUI, since those cases can lead to felony charges and enhanced penalties.
Get Help From a Local DUI/DWI Lawyer in Portage
Facing a DUI charge can bring a lot of uncertainty, but you do not have to worry about what is to come. Your DUI/DWI attorney in Portage from The Law Office of Joseph M. Roberts LLC is here to talk through your options with you. Start building a plan that protects your rights when you contact us to request your free, no-obligation consultation.