No, those are not sleigh bells ringing. That is the sound of a police officer pulling you over. It is possible the officer wants to let you know you have last year’s sticker on your license plate, or you have a burnt-out brake light. Although even a relatively simple stop for one of these issues can cause some anxiety for any driver, this moment is even more stressful for those who enjoyed some festive spirit in the form of alcohol before getting behind the wheel.
What if the officer smells alcohol? Could the officer arrest you for drunk driving?
The reality is that this time of year the potential for a traffic stop is high. Various programs are running that provide additional funding for officers to increase enforcement efforts over the holiday season. This can include increased use of operating a motor vehicle while intoxicated (OWI) checkpoints as well as a larger presence of officers on the road conducting traffic stops.
If you find yourself facing a traffic stop or checkpoint, know that you are not alone. The following provides guidance for those in this situation, so they can reduce the stress that comes with getting through the moment.
What happens during a stop?
During a traffic stop, the officer will typically approach the driver’s window and ask for license, registration, and proof of insurance. The officer will look for signs of impairment, such as the smell of alcohol or erratic behavior. If the officer suspects DUI, they may conduct field sobriety tests, which could include tasks like walking in a straight line or standing on one leg. Based on these observations and test results, the officer might administer a breathalyzer test to measure the driver’s blood alcohol content (BAC). If the BAC is above the legal limit, or if there is other evidence of impairment, the driver may be arrested for DUI. The specific procedures can vary by location and situation, but the goal is to assess whether the driver is impaired and to take appropriate legal action to ensure road safety.
The process is similar at an OWI checkpoint. These stops are a tool police use to systematically stop vehicles to check for impaired drivers. If there is no apparent sign of impairment, the officer will likely allow the driver to continue. If the officer suspects impairment they may conduct further testing such as a field sobriety test or breathalyzer.
What should I do if I face charges for drunk driving?
It is important to remain calm and polite during the stop. Agitation can complicate the situation. As soon as possible, make mental or physical notes about the checkpoint setup or why the officer claims to have made the stop, your activities prior to the stop, and the interaction with law enforcement.
These steps can be helpful if you chose to build a defense to challenge the accusation.
What are the penalties for drunk driving?
In Indiana, the penalties for drunk driving can be severe and impact your personal and professional life. Penalties vary depending on specific circumstances such as the driver’s blood alcohol content (BAC) and whether it’s a first offense. Common penalties include:
- License suspension: For up to two years.
- Fines and fees: Potentially amounting to thousands of dollars.
- Jail time: Possible, especially for repeat offenses or high BAC levels.
The holiday season should be a time of joy, not jeopardy. Know that you have rights when working through the criminal justice system. It is important to review the details of the stop and the prosecution’s case. There is the possibility that they did not follow proper protocol or do not have a strong case. This can result in the ability to negotiate a better deal or drop the charges. An attorney experienced in this DUI/OWI law can review the case and discuss your options. They can advocate for your interests so you can focus on friends, family, and make the most of the holiday season.