Legal Question in Criminal Law in Indiana

Probable cause

Recently, I was driving home. I was approximately 3 minutes from my house. I was pulled over due to a burnt out headlight which I had just become aware of that night. I had been driving for 20 minutes with the windows open. The officer came to the passenger window, at which time I gave him my registration and liscence. Being that this was the first time I had been pulled over, I was very nervous. He proceeded to ask me if I knew why he pulled me over, then he asked me how long my headlight had been out. He than asked the same question again. He than asked me if I was drinking, claiming he smelled alcohol. After about ten minutes, he asked me to step out of the car and submit to a breathalizer test. My main question is that due to the fact that the car did not smell like alcohol and could not have smelled like alcohol, is him making this up probable cause to breathalize me. I feel like no matter who he pulled over he was going to mess with. Keep in mind he said that the only reason he pulled me over was for a burnt out headlight.


Asked on 6/03/99, 11:23 am

1 Answer from Attorneys
Marvin Coffey Marvin E. Coffey Attorney at Law

Re: Probable cause

I.C. 9-11-4-1 provides that : "A person who operates a vehicle impliedly consents to submit to the chemical test provisions of this Chapter as a condition of operating a vehicle in the State of Indiana."

I.C. 9-11-4-2 provides in relevant part that : "A law enforcement officer who has probable cause to believe that a person has committed an offense under this article shall offer the person the opportunity to submit to a chemical test . . . A law enforcement officer may offer a person more than one (1) chemical test under this chapter. However, all tests must be administered within three (3) hours after the officer had probable cause to believe the person committed an offense under I.C. 9-11-2 . . . A police officer may not just go out into the highways and byways and indiscriminately give out breath tests to anyone he finds. He must have probable cause to believe that the person was driving under the influence of alcohol. The implied consent law was not designed to force breath tests on just anyone. The police officer had no right to force the defendant to submit to a breath test under threat of license suspension without probable cause.

Read more
Answered on 6/04/99, 11:16 pm


Related Questions & Answers

More Criminal Law questions and answers in Indiana