A traffic stop can lead to drunk driving charges. In Indiana, the first-time conviction for operating a vehicle while intoxicated (OWI) may include one year in jail, several thousand dollars in fines, driving license suspension and community service. Additional charges for drunk driving can result in a sentence of up to three years in jail and $10,000 in fines.
Many drivers face drunk driving charges because they are not aware of their legal rights. Drivers can potentially avoid criminal charges by learning about their rights during a traffic stop. Here is what you should know.
Police questioning
One of the ways the police will collect evidence during a traffic stop is by asking the driver questions. These questions may include asking where the driver is going to, if they have been drinking, where they are driving from or if the driver knows why they are being pulled over. The police are looking for any self-incriminating comments.
Drivers do not have to answer questions from the police outside of identifying themselves. Instead, drivers can respond by pleading the Fifth or clearly stating they will not answer any questions. A driver’s right to remain silent is found in the Fifth Amendment.
Vehicle searches
Another way drivers could face criminal charges is if the police search their vehicle and find incriminating evidence. However, the police cannot search a car for no reason. Under the Fourth Amendment, the police must have permission from the driver to search a vehicle.
If the police do not get permission, they may need to get a search warrant, have probable cause of a crime or have made a lawful arrest. Evidence collected during an unreasonable search could be dismissed in court.
Drivers can learn about their rights and defense options if they believe they were wrongfully arrested for drunk driving. Having legal guidance is helpful.