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  5. What are the possible defenses in a DUI case in Indiana?

What are the possible defenses in a DUI case in Indiana?

On Behalf of Horvath & Pelkey, LLP | Nov 26, 2025 | Criminal Defense

Facing a DUI charge in Indiana can be overwhelming. However, several defenses may challenge the evidence or validity of the charge. Understanding these possible defenses can help clarify the legal options available.

Challenging the traffic stop

One defense in a DUI case involves questioning the reason for the traffic stop. The law requires that police have a valid reason to pull over a vehicle. If an officer did not have reasonable suspicion of criminal activity, such as erratic driving or a traffic violation, the stop could be deemed unlawful. In such cases, the charges may be dismissed.

Disputing the accuracy of field sobriety tests

Officers often use field sobriety tests to assess impairment. However, these tests are not reliable in every case. Factors like poor weather, uneven ground, or medical conditions can affect a person’s performance, even if they are sober. A defense can argue that these external factors influenced the results, making them inaccurate.

Questioning the breathalyzer results

Breathalyzer tests frequently measure blood alcohol content (BAC) in DUI cases. However, these tests are not 100% accurate. If the device was not properly calibrated, maintained, or used according to procedure, the results could be incorrect. Certain medical conditions, like diabetes or acid reflux, can also lead to false readings. A strong defense may challenge the reliability of the breathalyzer test results.

Lack of evidence of impairment

In some cases, prosecutors may fail to provide enough evidence to prove that a person was impaired while driving. If the prosecution cannot show that alcohol or drugs significantly affected the defendant’s ability to drive, the DUI charge may not hold.

If a DUI case lacks solid evidence or contains flaws in the evidence, the court may reduce or dismiss the charges. Understanding the available defenses is essential to determining the right course of action.

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