Sallee Law, LLC Indianapolis Criminal Defense Attorney | DUI Drugs Crimes Lawyer 2026-09-14T08:30:25Z https://www.toddsalleelaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1604676/2024/07/cropped-Sallee-Site-Icon2-c-32x32.png On Behalf of Sallee Law, LLC <![CDATA[Understanding your rights at DUI checkpoints in Indiana]]> https://www.toddsalleelaw.com/?p=48621 2026-09-14T08:30:25Z 2026-09-14T08:30:25Z A DUI checkpoint can feel stressful, even for a driver who has done nothing wrong. Indiana law allows sobriety checkpoints when they meet certain requirements, but drivers still have constitutional rights during these stops. Knowing where those rights begin and end can help drivers handle a checkpoint calmly and avoid making the situation more difficult. 

You have the right to a lawful checkpoint stop

Police cannot set up a checkpoint without limits. Indiana courts have allowed sobriety checkpoints when officers follow neutral procedures and use a set plan to decide which vehicles to stop. Officers generally cannot pick and choose drivers based on personal suspicion. The checkpoint also must serve a legitimate public safety purpose and keep the intrusion on drivers limited. If police fail to follow the required procedures, the legality of the stop may become an issue in a later DUI case.

You have the right to limit what you say

During a checkpoint stop, an officer may ask questions about where a driver has been or whether the driver has been drinking. A driver does not have to volunteer information that could be used against them. Drivers should remain polite and follow lawful instructions, but they can avoid answering investigative questions beyond what the law requires. They also have the right to avoid making statements about how much they drank or whether they think they are impaired.

You have rights involving DUI testing

Indiana's implied consent law creates special rules for chemical tests. Under certain circumstances, refusing a legally requested chemical test can result in a driver's license suspension. That makes it important to understand the difference between a chemical test and other forms of DUI testing. A field sobriety test is also different from a chemical test. Whether a driver must submit to a particular test can depend on the circumstances. Drivers should avoid assuming that every request from an officer carries the same legal consequences.

Know what rights apply at a checkpoint

Knowing these rights can help drivers protect themselves while still complying with lawful police instructions. A checkpoint does not erase constitutional protections, and an officer's questions do not automatically give the officer unlimited authority. If a checkpoint stop results in a DUI arrest, the circumstances of the stop may matter. An Indiana criminal defense attorney can review whether police followed checkpoint rules, whether the investigation had proper grounds and whether any statements or test results may be challenged.]]> On Behalf of Sallee Law, LLC <![CDATA[What makes evidence in Indiana drug cases inadmissible?]]> https://www.toddsalleelaw.com/?p=48620 2026-09-10T09:22:18Z 2026-09-10T09:22:18Z If the police found drugs, the case is over—right? Not necessarily. Indiana courts can exclude evidence when law enforcement violates constitutional rules or when the prosecution cannot reliably prove what the contraband is and where it came from. This distinction is crucial if you are contending with drug charges.

Illegal stops, searches and seizures

Police must follow the Fourth Amendment and Article 1, Section 11 of the Indiana Constitution, which limit stops, searches and seizures. After an arrest, it is critical to determine whether the police:
  • Stopped your car without reasonable suspicion
  • Searched you or your vehicle without probable cause or valid consent
  • Entered your home without a warrant and without a recognized exception
  • Expanded a search beyond the scope of consent
  • Seized items from you or from your property that had no clear link to a crime
Courts can suppress the drugs, paraphernalia, cash or phone data that came from that search if police lack a legal basis.

Invalid search warrants and improper execution

A valid search warrant typically fulfills these requirements:
  • Probable cause (supported by an oath or affirmation)
  • Specific description of the place to search and the items to seize
Officers must also execute a warrant correctly. They cannot search an area or take an item not specifically identified in the warrant issued against you. Failure to meet these requirements or flaws in the execution process can lead to the suppression of the evidence.

Miranda and other statement problems

As in any criminal case, police must give you Miranda warnings before custodial questioning. Officers must also stop questioning if you clearly invoke your right to remain silent or ask for a lawyer. A judge can exclude statements that police obtained from you in violation of these rules or ones made through police threats, promises or heavy pressure.

Chain of custody and evidence handling errors

The State must show that the physical proof brought into court matches what police actually seized from you. It must also show that no one tampered with it along the way. Gaps in documentation can raise doubt about the identity and integrity of the items. These issues matter in drug cases because the State relies heavily on chemical testing. If prosecutors cannot link the lab result directly to the exact item seized, your defense team can push to limit or exclude that proof.

Protecting your rights by challenging the State's case

Prosecutors build their claims on the materials gathered during an arrest, and they will not point out their own mistakes. Identifying suppressible items or constitutional violations is vital when mounting a strong defense against Indiana drug charges. Moving quickly to throw out tainted evidence safeguards your reputation, rights and freedom.]]> On Behalf of Sallee Law, LLC <![CDATA[Is the rising BAC argument appropriate for my case?]]> https://www.toddsalleelaw.com/?p=48615 2026-08-24T15:28:09Z 2026-08-24T15:28:09Z Timing shifts the legal landscape Chemical tests usually happen much later at a police station or hospital. This gap in time creates a window where your body continues to process what you drank, potentially pushing your BAC over the legal limit of 0.08% (for most drivers) after you stopped driving. The rising BAC defense hinges on the science of alcohol absorption. After your last drink, your body takes time to move alcohol into your bloodstream. If police pulled you over shortly after drinking, your BAC might have been below the limit while driving but peaked during the subsequent chemical test. Several factors influence whether this strategy fits a specific case:
  • The exact time of your last drink compared to the stop
  • Whether you consumed food, which slows absorption
  • The time between the traffic stop and the official test
  • Results of a preliminary roadside breath test (PBT), if taken
Attorneys often look for a significant delay between the driving event and the testing phase to support this argument.

Limits to the rising alcohol argument

This defense is not a universal solution for every DUI or OWI charge. Indiana courts and prosecutors scrutinize the timeline closely. If several hours passed between your last drink and the time police stopped you, your body likely already reached its peak BAC. In these instances, your levels could be falling, not rising, which negates the primary premise of this defense. Additionally, prosecutors may still rely on other evidence like driving behavior, field sobriety tests and officer observations to argue you were impaired, even if your BAC may have been increasing between the stop and the chemical test.

Seeking clarity in complex OWI cases

Public discussions often oversimplify or misunderstand drunk driving defenses, but the reality can involve complex elements, specific details of an arrest and legal interpretations. An attorney can evaluate these variables alongside the police report to determine the most appropriate way forward.]]> On Behalf of Sallee Law, LLC <![CDATA[When can the police pull you over in Indiana? Your traffic stop rights explained]]> https://www.toddsalleelaw.com/?p=48614 2026-06-22T15:41:50Z 2026-06-22T15:41:50Z the Fourth Amendment and the Indiana Constitution, a traffic stop counts as a legal "seizure", meaning officers need a valid reason to pull you over.

The legal standard: reasonable suspicion and pretext

Officers need more than a gut feeling to stop your vehicle. They must point to specific, observable facts suggesting a traffic violation or criminal offense. Common examples include:
  • Moving violations: Speeding, weaving, or running a stop sign
  • Equipment infractions: Driving at night without functioning headlights or displaying an obscured license plate
It is entirely legal for an officer to execute a pretextual stop, that is, using a minor technical infraction (like a broken license plate light) as the legal basis to pull you over and investigate a separate suspicion.

What you must do

Once pulled over, the driver faces strict statutory obligations. Indiana enforces a mandatory "Stop and Identify" law: if stopped for an infraction or ordinance violation, you must show a valid driver’s license (or verbally provide your full name, address, and date of birth). You must also supply your vehicle registration and valid proof of insurance. Refusing to provide your identification during a lawful stop is a Class C misdemeanor.

What you can skip

Your constitutional rights stay fully intact during a traffic stop:
  • Investigative questions: You are under no legal obligation to answer investigative questions like "Where are you coming from?" You can politely decline
  • Vehicle searches: If an officer has no warrant or probable cause, they need your permission to search your vehicle. You have the right to refuse by saying, "I do not consent to a search"
Reviewing the statutory protections against unlawful traffic stops in Indiana is an indispensable first step toward protecting your record. If a criminal defense attorney proves the officer acted on a mere hunch, the judge can suppress all gathered evidence under the "fruit of the poisonous tree" doctrine, which could lead to a total dismissal of your charges.]]> On Behalf of Sallee Law, LLC <![CDATA[Should you refuse a breathalyzer test in Indiana?]]> https://www.toddsalleelaw.com/?p=48613 2026-06-13T02:03:02Z 2026-06-13T02:03:02Z Implied Consent Law, driving on state roads means you have already agreed to take a certified chemical test if an officer has probable cause to believe you are impaired. However, Indiana recognizes two very different types of breath tests, and knowing the difference matters.

The portable roadside test (PBT)

The small handheld device an officer asks you to blow into on the roadside is a Preliminary Breath Test (PBT). Officers use it only to build probable cause for an arrest. Courts generally do not admit its specific BAC result as evidence of guilt. You have the legal right to refuse a PBT, as well as field sobriety tests like the walk-and-turn or one-leg stand. Refusing a PBT does not violate Indiana's Implied Consent Law, does not carry criminal penalties, and does not trigger an automatic license suspension.

The certified chemical test: refusal has serious consequences

If the officer arrests you, everything changes. At the station, the officer reads you the Indiana Implied Consent Warning and offers a certified chemical test — typically using an Intoximeter EC/IR II machine or a blood draw. Refusing this test carries mandatory penalties:
  • One-year license suspension for a first offense, rising to two years with a prior OWI conviction.
  • No specialized driving privilege, that is, a refusal suspension that makes you completely ineligible for a hardship license to drive to work, school, or medical appointments.
  • Possible forced blood draw. Prosecutors can quickly obtain a search warrant and legally compel a blood draw without your consent.
Knowing these penalties upfront can help you make a better decision in a high-pressure moment.

How refusal affects your criminal case

Refusing the certified test does not prevent the state from prosecuting you. Prosecutors can present your refusal to a jury as evidence that you knew you were intoxicated. If you do take the test, a skilled defense attorney can challenge its results, by reviewing the machine's calibration records, the operator's certification, and whether officers followed the required 15-minute observation period.]]> On Behalf of Sallee Law, LLC <![CDATA[Sex offender registration in Indiana: What do I need to know?]]> https://www.toddsalleelaw.com/?p=48535 2026-03-04T20:15:36Z 2025-02-20T21:31:04Z What qualifies as a sex offender in Indiana and when can I get off the sex offender registry? Indiana law recognizes five types of offenders:
  1. Sexually violent predators
  2. Offenders against children
  3. Serious sex offenders
  4. Sex offenders
  5. Violent offenders
There are generally two registration options. Most must register for ten years but “sexually violent predators” must generally register for life.

When do I have to disclose that I am on the sex offender registry?

Registered sex offenders in Indiana must disclose their status under specific circumstances. Those seeking employment, especially positions involving contact with children, must generally disclose this status. The law also requires disclosure during any law enforcement interactions. Disclosure is also required upon any change of address or employment.

Can I get off the sex offender registry?

Expungement or removal from the registry might be an option after the required period if the offender has not committed further offenses and complies with all registration requirements.

What are the consequences for repeat offenders?

For repeat offenders, Indiana law imposes stricter consequences including the potential for lifetime registry. The sex offender registry in Indiana restricts certain aspects of social interaction and can impact employment opportunities. Understanding your rights and obligations under Indiana law can help mitigate the registry's impact on your life. Compliance is crucial, as is legal counsel from qualified professionals who can offer guidance based on your specific circumstances. The best way to avoid the impact of registration on the sex offender list is to build a strong defense to the allegations of a sex offense.]]> On Behalf of Sallee Law, LLC <![CDATA[What should you do if the police knock on the door?]]> https://www.toddsalleelaw.com/?p=47936 2024-05-29T00:20:48Z 2024-05-29T00:20:48Z Determine the purpose of the visit Before you answer any questions or get into conversation, ask the officers about the reason for their presence. Are they conducting an investigation into a criminal matter? Do they wish to interrogate you regarding a specific issue? As a citizen, you have a right to know about the nature of their visit. Keep in mind that, if the officers indicate that they just want to ask you a few questions, you are under no legal obligation to do so.

Verify any warrants

If the officers claim that they have a warrant, you should always request a physical copy for your examination. A legitimate warrant should bear the signature of a presiding judge, clearly state your address and outline the specific scope and limitations of any intended search. Without a valid warrant, you have the right to refuse them entry to your home.

Assert your right to legal counsel

If the officers wish to question you, it is in your best interest to invoke your constitutional right to legal representation. Inform the officers that you will refrain from answering any questions without the guidance of an attorney. Exercise your right to remain silent until your legal counsel arrives. Remember that any statements you make can become incriminating evidence against you in future legal proceedings. When caught off guard by an unexpected police encounter, you can easily make costly errors in your interaction. Know and exercise your rights if you find yourself in this position.]]> On Behalf of Sallee Law, LLC <![CDATA[What felony recidivism rates might mean for you]]> https://www.toddsalleelaw.com/?p=47928 2024-03-27T14:58:23Z 2024-03-27T14:58:23Z Acknowledging the stacked odds Once someone enters the prison system, the odds feel stacked against them. The latest data from the Indiana Department of Corrections shows that 29.3% of individuals released in 2019 returned to the IDOC for the commission of a new crime by 2022. This illustrates a cycle of recidivism that is not only detrimental to the individuals involved but also to society as a whole. The reasons behind this revolving door are many. Some individuals lack the necessary support systems to successfully reintegrate into society upon release. Limited access to education, employment opportunities and stable housing often push them back into dire circumstances. Additionally, the stigma associated with having a criminal record makes it challenging for individuals to break free from their past mistakes.

Choosing defense

Given the harsh realities of the prison system, prioritizing defense becomes necessary in avoiding seemingly endless incarceration. Defense attorneys understand the complexities of the legal system. The right defense team spares no effort in advocating for their client's rights. The right legal guidance can also make it possible to explore alternative sentencing options or rehabilitation programs. Indiana's current recidivism rate of nearly one in three shows that building a strong defense in the first place may be the only way to avoid the revolving door of incarceration. For those facing felony charges, it is important to not underestimate the consequences that might wait on the other side of a conviction.]]> On Behalf of Sallee Law, LLC <![CDATA[A concerning trend in the police use of private videos]]> https://www.toddsalleelaw.com/?p=47827 2024-01-29T20:25:25Z 2024-01-29T20:25:25Z Plans to increase surveillance Major cities are initiating “Real-Time Crime Centers” for their policing work. These centers take a step beyond the traditional crimefighting tasks and add innovative resources to apprehend and prosecute alleged criminals. Key technologies include not only public surveillance video but also footage from the devices of private citizens and companies. These centers can facilitate accessing recordings from cameras on doorbells, self-driving cars and drones. Interestingly, the Electronic Frontier Foundation finds that police forces in some areas are already getting more footage from private cameras than public ones. A contributing reason is that device owners can specifically grant law enforcement programs easy access. In some cases, live streams are also possible.

Specific concerns for citizens' rights

The primary concern is that law enforcement can request privately made recordings from third-party companies that store videos on their cloud servers. Police no longer have to request such evidence from an individual device owner. Therefore, questions about unreasonable search and seizure may arise, especially if law enforcement seeks to access information from a defendant’s own devices. Furthermore, police will use the footage alongside other technology that could prove problematic. For example, facial recognition and gunshot detection software might provide misleading data about what actually happened on a scene or who was there. Naturally, members of minorities and marginalized groups wonder if such resources will have disproportionate use in their communities. Advocacy organizations are bringing these concerns to the fore, but the outcome of their protests remains up in the air. In the meantime, defendants in legal cases will have tough decisions to make about challenging the legality of such recordings or providing evidence to support their arguments.]]> On Behalf of Sallee Law, LLC <![CDATA[What is the most common drug crime in Indianapolis?]]> https://www.toddsalleelaw.com/?p=47802 2023-12-19T19:20:16Z 2023-12-19T19:20:16Z Possession offenses In Indianapolis, drug possession tops the charts as the prevailing drug crime. Authorities frequently find individuals with illegal substances on their person. This offense encompasses various drugs, from marijuana to more potent substances like cocaine or methamphetamine.

Marijuana possession

The Recovery Centers of America reports that marijuana is the most commonly abused drug in Indiana. Possession of even small amounts of marijuana can lead to legal repercussions in Indianapolis. Law enforcement consistently encounters individuals facing charges related to this widely used substance.

Law enforcement strategies

Indianapolis law enforcement employs various strategies to curb drug possession crimes. Routine patrols, surveillance and community engagement initiatives are integral components of their efforts. However, as drug trends evolve, so do law enforcement approaches to stay ahead of the curve.

Community awareness

To address the root causes of drug possession offenses, community awareness programs play a pivotal role. These initiatives aim to educate residents about the risks associated with drug use and possession. The goal is to foster a sense of responsibility and collective effort to create a safer city. Drug possession charges constitute the most common drug crime in Indianapolis. Marijuana remains the most commonly abused drug in Indiana. However, other illegal substances remain a serious threat as well. Understanding the prevalence of this offense is important for everyday citizens as well as those accused of drug-related crimes.]]>