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Can I Fight The Breath Test?

Breath testing is inherently inaccurate, because it is based on the ridiculous assumption that every person metabolizes alcohol and expels it into his breath at the same rate. For that matter, even blood and urine tests can be attacked. The ways in which to attack the State's case are numerous and vary from case to case.

Other Indiana Drunk Driving Defense FAQs

  • Q: What Is "Dui"?
    A: "DUI" is short for Driving Under the Influence. It is shorthand that most people understand, but strictly speaking "DUI" is not a crime in the State of Indiana. "OWI", … More
  • Q: So What's The Difference?
    A: Basically, OWI does not require proof of driving, but rather being in actual physical control of a vehicle. This can happen where a driver is asleep at the wheel with … More
  • Q: What Are The Penalties? 5 Star Rating
    A: This varies depending upon the class of misdemeanor or felony charged. Maximum fines range from $500.00 to $10,000.00, maximum imprisonment from 60 days to 8 years. … More
  • Q: What Is "Htv"?
    A: "HTV" stands for Habitual Traffic Violator, which is what the Bureau of Motor Vehicles designates persons who accumulate several convictions of major traffic offenses, … More
  • Q: What Is "Post-Conviction Relief"?
    A: "Post­Conviction Relief" or "PCR" is a legal remedy whereby a prior conviction can be set aside and you can get a new lease on life. In the traffic law context, it … More
  • Q: What Are Field Sobriety Tests?
    A: Field sobriety tests, "FSTs", are ways in which the police officer can establish probable cause to arrest you and offer an approved test. You must take every approved … More
  • Q: Should I Make A Statement To A Police Officer When I Am Stopped?
    A: Never! All the officer needs to know is on your license and registration. Aside from the basic information required to establish your identity or fill out an accident … More
  • Q: What Are The Speed Limits In Indiana?
    A: Unless Otherwise Posted Absolute Interstate 65 mph Ltd Access Rds 55 mph Other Primary Rds 55 mph Residential 30 mph More
  • Q: How Are Speed Limits Enforced?
    A: Enforced through use of: Pacing Yes Radar Yes Vascar Yes Photo Radar No Aircraft Yes Laser No More
  • Q: How Can Tickets Be Paid?
    A: Tickets can be paid by mail or in person.
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