This weekend the Indiana State Police will be out in full force in an effort to crack down on the drunk or impaired driving because of the Brickyard 400 festivities. The police will be setting up DUI checkpoints Friday night and Saturday morning at an unknown location in Marion County. Once the checkpoints are completed, the police will be patrolling Marion, Johnson, Shelby, Hendricks, Hamilton, Hancock and Boone counties for more impaired drivers. Attorney Mario Massillamany of Massillamany and Jeter LLP says, “If you plan to drink during the Brickyard 400 festivities, then make sure you have a plan to get home safely. Call a taxi, Uber, or a friend to come pick you up if you have to, but do not drink and drive.”
According to Indiana State Police District Commander Lt. Jeff Payne, “The purpose of enforcement checkpoints is to remove impaired drivers from Indiana roadways,” and that “[c]heckpoints also educate the motoring public of the ongoing efforts by the Indiana State Police to reduce the number of impaired driving crashes and deter anyone from driving while intoxicated.” In addition, the police are encouraging other drivers to report any suspicious behavior of other drivers, especially if they appear to be impaired, by calling 911. They stressed that the people reporting the suspected impaired drivers should include a vehicle description, location, and the direction in which the vehicle is traveling to help police find and remove this danger from the streets.
Remember that the officer will be looking for signs of intoxication, and can even use what you say in what may seem like small talk against you. While the officer does have the right to some information, such as your name and date of birth, you do not have to answer any incriminating questions. If you are asked to give him or her your license and registration, you should comply. You can still remain silent during anything the officer asks you to do. This way, they won’t be able to use any admission of guilt or denial against you later on. This does not mean that you won’t be arrested or tested for blood alcohol content, but it does mean that your attorney will be able to build a better defense if you do not say anything to the police that will assist them in charging you for a DUI. You are not required under law to take any field sobriety tests such as the one leg stand, walk and turn, or the horizontal gaze nystagmus test. However, under Indiana Code 9-30-6-1, Indiana’s Implied Consent Law states if you are lawfully arrested by an officer who has probable cause to believe that you have been driving under the influence, then you consent to taking a chemical test of your blood, breath, or urine for the purpose of determining your blood alcohol content (BAC). The chemical test must be administered within three hours of operating the motored vehicle; otherwise, the attorneys at Massillamany & Jeter LLP will file a motion to have the test results kept out of evidence.
In the unfortunate event that you do get pulled over for and charged with a DUI either during a DUI checkpoint or at any other time, then you can contact the attorneys at Massillamany and Jeter LLP to help with your legal needs in the matter. Whether you need representation for the DUI charge itself, want to get your license back, or need to get a specialized driving privilege to get to work, the attorneys here can help.