In Indiana, when someone faces a DUI charge, the prosecution has the responsibility to prove guilt beyond a reasonable doubt. This standard applies to DUI charges just as it does in any criminal case.
To secure a conviction, the prosecution must establish certain key elements. You can build an appropriate defense by understanding what to expect from the prosecution.
Elements the prosecution must prove
First, the prosecution must show that the defendant was operating a vehicle at the time of the arrest. “Operating” means controlling or driving a vehicle, whether it is in motion or not. Even sitting behind the wheel with the keys in the ignition can meet this definition.
The prosecution must then prove the defendant’s intoxication while they were operating the vehicle. It is possible to demonstrate intoxication through various forms of evidence. This includes blood alcohol concentration tests that show a BAC of 0.08% or higher, as well as failed field sobriety tests. Obvious signs of impairment, such as slurred speech or difficulty walking, can also be admissible as evidence.
Defending against the prosecution’s evidence
Several defenses can challenge the evidence used in a DUI case. One strategy is to question the accuracy of the chemical tests used to measure intoxication. Breath tests can sometimes produce false results if improperly administered, maintained or calibrated.
Field sobriety tests are also subject to scrutiny. Poor conditions like uneven roads, poor lighting or medical conditions may lead to a person failing these tests even without intoxication. Discrediting the reliability of these tests can reduce their impact on the case.
All police procedures must follow strict legal guidelines that comply with civilian rights. Violations of the defendant’s rights during a stop or arrest can result in the dismissal of evidence. If the officer did not have probable cause to make the stop, or if they conducted an unlawful search, the prosecution’s case could be significantly weakened.
By focusing on challenging the prosecution’s evidence, a defendant may find effective opportunities to defend against a DUI charge under Indiana law. A solid defense strategy often relies on projecting what the other side plans to bring to the table.