When Are OWI Chemical Test Results Disputable?

When you operate a motor vehicle in Indianapolis or elsewhere in Indiana, you give implied consent to a chemical test under IC 9-30-6-1 and IC 9-30-6-2 if a law enforcement official has probable cause to believe that you have committed the offense of impaired driving, known specifically as operating a vehicle while intoxicated (OWI) under IC 9-30-5. In short, merely by driving, if there is enough reason for the police to believe you are engaged in drunk driving or drugged driving, you are required to submit to a chemical test. A refusal to submit carries serious consequences.

Assuming you do submit (as required by the Indiana Code) to a chemical test and the results lead to OWI charges, it is important to know how and when you can dispute those chemical test results. Our Indianapolis OWI defense attorneys can speak with you about the details of your case in particular and the best strategy for disputing your chemical test results. In the meantime, the following information explains some of the ways in which chemical test results may be successfully disputed.

Improper Technique or Devices Used to Administer Breath Test

In order for breath tests to be reliable and to be used against defendants in Indiana, the proper technique must be used to administer the test under IC 9-30-6-5(a)(3).

If an improper device was used, meaning one that was not approved to determine a driver’s degree of intoxication, then you may also be able to have the results thrown out.

Test Was Not Conducted in a Medically Accepted Manner

For certain chemical tests, and blood tests specifically, the test results may be disputable and inadmissible if they were not conducted in a medically accepted manner under IC 9-30-6-6. This may have various meanings and can apply to various types of circumstances, from issues pertaining to the facility or tools used to take the sample, to the licensure of the party who obtained the sample.

Violation of Adopted Rules for Chemical Tests  

Under IC 9-30-6-5(d), the results of chemical tests that assess the alcohol concentration in a person’s breath are inadmissible in circumstances where there has been a violation of the rules adopted for the administration of chemical tests, including any issues with the following:

• Test operator;
• Test equipment;
• Chemicals used in the test; or
• Techniques used in the test.

There are also various other kinds of circumstances in which chemical test results can be disputed, and it is important to discuss the specific facts surrounding your arrest with your attorney in order to determine the best strategy for disputing your chemical test results.

Contact Our Indianapolis Drunk Driving Defense Attorneys Today for Assistance

Are you facing OWI charges in Indiana after a chemical test? If so, it is critical to find out more about ways of disputing the chemical test results and avoiding an OWI conviction. One of the experienced Indianapolis OWI/DUI defense lawyers at Rigney Law LLC can talk with you today to learn more about the details of your case and to begin working with you on a defense strategy. Contact our firm to learn more about how we assist clients in OWI cases in the Indianapolis area.

Source: 

statecodesfiles.justia.com/indiana/2015/title-9/article-30/chapter-6/chapter-6.pdf