What to Do If You're Pulled Over for DUI in Indiana

Getting pulled over by law enforcement is stressful enough, but when you suspect it might be for driving under the influence (DUI), the anxiety can be overwhelming. What you do and say in those critical first minutes can significantly impact your case. As experienced criminal defense attorneys in Valparaiso, we've helped countless clients navigate DUI charges, and we want you to understand your rights and options from the very beginning.

Whether you've had a couple of drinks at dinner, attended a social event, or simply made a minor traffic error that caught an officer's attention, knowing how to handle a DUI stop in Indiana can make all the difference in protecting your future.

The moment you see those flashing lights behind you, your heart rate increases and panic can set in. This is completely natural, but staying calm is absolutely essential. Take a deep breath and focus on pulling over safely and promptly. Use your turn signal to indicate you're complying, and find a safe spot on the right side of the road where both you and the officer have room to stand away from traffic.

Turn off your engine, roll down your window, and place your hands visibly on the steering wheel. This immediately signals to the officer that you're cooperative and not a threat. Keep your interior light on if it's nighttime. These simple actions demonstrate respect for the officer's safety and can set a more positive tone for the interaction.

Avoid making sudden movements or reaching for your license and registration until the officer asks for them. Officers approach vehicles not knowing what to expect, and visible, predictable movements help everyone stay safe and calm during the stop.

You have constitutional rights during any police encounter, and a DUI stop is no exception. Understanding these rights is crucial, even if you've done nothing wrong. First and foremost, you have the right to remain silent. While you must provide your driver's license, vehicle registration, and proof of insurance when asked, you are not required to answer questions about where you've been, whether you've been drinking, or how much you've had to drink.

Many people don't realize that being polite and cooperative doesn't mean you have to answer every question an officer asks. Phrases like "I prefer not to answer questions without my attorney present" are perfectly acceptable and legal. You're not being rude or uncooperative – you're exercising your constitutional rights.

In Indiana, you also have the right to refuse field sobriety tests. These are the physical tests officers ask you to perform on the roadside, like walking a straight line, standing on one leg, or following a pen with your eyes. These tests are subjective, difficult to perform even when sober, and officers are trained to look for signs of impairment. You will not face automatic penalties for refusing field sobriety tests in Indiana.

However, it's important to distinguish between field sobriety tests and chemical tests. Indiana has an "implied consent" law, which means that by driving on Indiana roads, you've already agreed to submit to chemical testing (breath, blood, or urine) if an officer has probable cause to believe you're intoxicated. Refusing a chemical test can result in an automatic license suspension, even if you're never convicted of DUI.

When an officer asks if you know why you were pulled over, a simple "No, officer" is sufficient. Don't volunteer information or admit to any violations. If asked whether you've been drinking, you face a difficult choice. Lying to a police officer can damage your credibility later, but admitting you've been drinking can be used as evidence against you.

One approach is to politely decline to answer: "I'd prefer not to answer questions without speaking to my attorney first." Some people choose to acknowledge having "a drink earlier" without specifying quantity or timing, though even this admission can be problematic. There's no perfect answer here, which is why having legal representation as soon as possible is so important.

Remember that everything you say and do during the stop is likely being recorded on the officer's body camera or dashboard camera. Officers are trained to ask questions designed to gather evidence of impairment. Questions like "Where are you coming from?" or "What have you had to drink tonight?" may seem conversational, but they're investigative tools. Your answers will be documented and can be used against you in court.

Stay polite and respectful at all times. Being argumentative, hostile, or uncooperative will only make your situation worse and will be documented in the police report. You can assert your rights calmly and respectfully without escalating the situation.

If an officer suspects you're impaired, they'll likely ask you to perform standardized field sobriety tests. The three most common are the Horizontal Gaze Nystagmus test (following an object with your eyes), the Walk-and-Turn test (walking heel-to-toe in a straight line), and the One-Leg Stand test (balancing on one foot while counting).

These tests sound simple, but they're designed to be challenging. Even sober individuals can fail them due to nervousness, physical limitations, poor balance, medical conditions, or simply because the roadside environment makes them difficult to perform. Uneven pavement, poor lighting, traffic noise, weather conditions, and the stress of the situation all contribute to poor performance that officers interpret as signs of impairment.

Many people don't realize that these tests are voluntary in Indiana. You can politely decline to perform them. However, refusing these tests may lead the officer to believe you have something to hide, potentially leading to arrest based on other observations like the odor of alcohol, slurred speech, or bloodshot eyes. This is a judgment call you'll need to make in the moment, but remember that field sobriety test results are frequently challenged in court due to their subjective nature.

If you do choose to perform the tests, follow the officer's instructions as carefully as possible. Ask for clarification if you don't understand. Be aware of any physical limitations you have that might affect your performance, such as knee problems, inner ear issues, or back injuries. These factors can be important in your defense later.

If the officer has probable cause to believe you're driving under the influence, you'll be asked to submit to a chemical test – typically a breathalyzer test, though it could also be a blood or urine test. This is where Indiana's implied consent law becomes critically important.

By holding an Indiana driver's license and operating a vehicle on Indiana roads, you've implicitly agreed to submit to chemical testing when lawfully requested by an officer who has probable cause. If you refuse this test, you face an automatic license suspension – one year for a first refusal, two years for a second refusal within five years. This suspension is administrative and happens regardless of whether you're eventually convicted of DUI.

Some people choose to refuse the chemical test anyway, calculating that the lack of a specific blood alcohol content (BAC) measurement might make prosecution more difficult. This is a complex decision with serious consequences. The state can still prosecute you for DUI based on officer observations, your behavior, performance on field sobriety tests, and other evidence. Meanwhile, you'll definitely lose your license for the refusal period.

If you do submit to testing and the result shows a BAC of 0.08% or higher (or 0.04% or higher for commercial drivers, or any amount for drivers under 21), you'll likely be arrested for DUI. The officer will read you your rights, and you'll be taken to jail for booking and processing. This is when having a criminal defense attorney becomes absolutely essential.

If you're arrested for DUI in Indiana, you'll be transported to the police station or county jail for booking. This process includes having your photograph and fingerprints taken, and you'll be held until you either post bail or are released on your own recognizance. In some cases, especially for first-time offenders with no aggravating factors, you may be released relatively quickly with a notice to appear in court.

Your vehicle will likely be impounded, and you'll need to arrange for its retrieval later. You'll receive paperwork outlining your charges and court date. This is not the time to explain your side of the story to the police or try to talk your way out of the situation. Anything you say can and will be used against you. The only statement you should make is requesting to speak with an attorney.

You have a very limited time – typically just a few days – to request an administrative hearing to challenge your license suspension. This is separate from your criminal case and has its own timeline. Missing this deadline can result in losing your driving privileges without any opportunity to contest the suspension. An experienced DUI attorney can help you navigate both the criminal case and the administrative license proceedings simultaneously.

Don't underestimate the seriousness of a DUI charge in Indiana. Even a first offense can result in jail time, substantial fines, license suspension, mandatory alcohol education classes, increased insurance rates, and a permanent criminal record. A conviction can affect your employment, professional licenses, educational opportunities, and even your ability to rent housing. The stakes are simply too high to face these charges without skilled legal representation.

The legal system is complex, and DUI cases involve numerous technical and procedural requirements that can significantly impact the outcome of your case. An experienced criminal defense attorney knows how to examine every aspect of your stop and arrest for potential violations of your rights or procedural errors that could lead to reduced charges or even dismissal.

Your attorney will review the initial traffic stop to ensure the officer had valid reasonable suspicion to pull you over in the first place. They'll examine whether field sobriety tests were administered correctly according to standardized protocols. They'll scrutinize the breathalyzer or blood test results, checking for proper calibration, maintenance records, and chain of custody issues. They'll review all video and audio recordings from the stop, looking for inconsistencies in the officer's report or testimony.

Perhaps most importantly, an experienced DUI attorney understands how to negotiate with prosecutors. In many cases, especially for first-time offenders, there may be opportunities to reduce charges, enter diversion programs, or negotiate alternative sentencing options that protect your record and driving privileges. Prosecutors are more likely to offer favorable plea agreements when they're dealing with knowledgeable defense counsel who can effectively challenge their case.

At Patton Law, we've successfully defended countless clients against DUI charges throughout Porter County and Northwest Indiana. We know the local courts, prosecutors, and judges. We understand Indiana DUI law inside and out. And we're committed to fighting for the best possible outcome in your case, whether that means taking your case to trial or negotiating a favorable resolution.

If you've been pulled over for DUI in Indiana, time is of the essence. Don't wait to seek legal help. The decisions you make in the hours and days following your arrest can have lasting consequences. You need someone on your side who understands the law, knows how to build a strong defense, and will fight to protect your rights and your future.

At Patton Law, we offer confidential consultations to discuss your case and explain your options. We're located in downtown Valparaiso, right across from the Porter County Courthouse, and we're ready to put our decades of experience to work for you. Don't let a DUI charge derail your life. Contact us today to learn how we can help.

Remember, being charged with DUI doesn't mean you're guilty. Everyone deserves a vigorous defense and the opportunity to tell their side of the story. Let us help you navigate this challenging time and work toward the best possible resolution for your case.