Are there any defenses to a DUI charge?

In Indiana, there are several possible defenses to a DUI charge. One of the most commonly used defenses is called the medical exception. This defense is used when a person can show that their physical or mental condition caused them to be impaired, and that the impairment was not due to the consumption of alcohol or drugs. Additionally, if the police did not have probable cause to stop the vehicle in the first place, then any evidence obtained as a result of the stop is not admissible in court. Another defense to a DUI is the “rising blood alcohol level defense”. Under this defense, the accused will argue that their blood alcohol level rose after they had been driving, meaning that it was not above the legal limit at the time of driving. This can be hard to prove, however, as the accused must provide the specific time that they drove and the exact amount of alcohol they consumed after they had been driving. Finally, there is the “no actual physical control” defense. This defense is often used when the accused was not actually driving the vehicle. For instance, if the accused was simply sitting behind the wheel to keep warm, or if they were in the car but not actively exercising control over it, they could use this defense. In Indiana, any of these defenses can be used to contest a DUI charge. However, the prosecution must prove their case beyond a reasonable doubt, and the accused may present any evidence they have available to support their defense. It is important to consult an experienced DUI attorney if you have been charged with DUI in Indiana.

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