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Dixon & Moseley | Attorneys At Law
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  5. Breaking News, What You Need to Know: Indiana Supreme Court Says Advisement of Rights Not Needed for Drug Recognition Exam (DRE)

Breaking News, What You Need to Know: Indiana Supreme Court Says Advisement of Rights Not Needed for Drug Recognition Exam (DRE)

On Behalf of Dixon & Moseley, P.C. | Oct 18, 2018 | Criminal Law, Indiana Court of Appeals, Operating While Intoxicated, Supreme Court

“You have the right to an attorney” is a common phrase most everyone has heard. But what is the significance of this phrase? And how far does this right extend? An individual, in criminal proceedings, always has the right to an attorney. This right is protected by the Sixth Amendment of the United States Constitution. The importance of this right is that it ensures the defendant is not subject to unfair coercion on the part of the state or government. As such, police officers are required to “advise” individuals of their right to an attorney in certain situations. One such situation is when you are in police custody and the police ask for your consent to search your home or vehicle. In those scenarios, an individual can consent to such a search, but the police must advise the individual of his or her right to an attorney before such consent can be considered “valid.” This blog explores a new limit on this right, so you can better understand your rights if you are involved in a criminal investigation.

As this introduction suggests–and just like everything else in life–there are limits or exceptions to this rule. And the Indiana Supreme Court just clarified one such limit. In Dycus v. State, the Indiana Supreme Court ruled that a drug recognition exam (DRE) is not the type of search that requires a defendant’s advisement of the right to counsel for an individual’s consent to be considered valid and subsequent evidence used against him/her1. Specifically, in Dycus, the Defendant was pulled over by a police officer, and during the stop, the officer smelled marijuana coming from the defendant’s breath. The Defendant admitted to smoking marijuana about an hour before the stop. The Officer asked the Defendant if she would submit to a DRE, and the Defendant consented. The results came back positive and the Defendant was subsequently charged with Operating a Vehicle While Intoxicated.

The Defendant argued that the results of the DRE should be excluded and not used against her in this criminal prosecution because she was not advised of her right to counsel, and as such, her consent to the DRE was not valid. The Court of Appeals agreed with the Defendant and excluded the results of the DRE as improper. However, the Indiana Supreme Court reversed the decision of the Court of Appeals, finding that a separate advisement of rights was not necessary in this situation. The Supreme Court found that because the DRE was not likely to uncover new criminal evidence, and instead, simply confirm what the Defendant already admitted to (e.g., smoking marijuana), an advisement of right to counsel was not necessary.

This area of law is extremely technical, and you need to understand its complexities to know to not make admissions and obtain counsel. An individual who is unaware of their rights may waive them (admitting to smoking pot before the stop) without even knowing – leading to a negative result for you. The importance of understanding the status of developments in the law is the key to avoiding criminal liability, as well as being an engaged citizen in our participatory system of government. This blog post on a key new case was written by attorneys at Dixon & Moseley, P.C. who handle criminal defense cases and appeals of criminal convictions throughout the state. Having criminal defense counsel current on the latest developments in law provides you with the best criminal defense. This blog is written for educational purposes only. It is not intended as legal advice or a solicitation for services. It is an advertisement.

  • Dycus v. State, 18S-CR-488 (Ind. 2018)
  • What Orders Can Be Appealed in Indiana? A Guide to Final Judgments, Interlocutory Appeals, and Appellate Rights (2026)

    On Behalf of Dixon & Moseley, P.C. | Aug 5, 2026 | Firm News

    An Indiana appellate lawyer's guide to determining whether a trial court order can be appealed and when appellate review may be available. Quick Answer: What Orders Can Be Appealed in Indiana? Not every unfavorable court ruling can be appealed immediately. In Indiana,...

    How Many Days Do You Have to Appeal in Indiana? (2026)

    On Behalf of Dixon & Moseley, P.C. | Jul 15, 2026 | Firm News

    An Indiana appellate lawyer’s guide to Notice of Appeal deadlines, Motions to Correct Error, interlocutory appeals, and common timing mistakes. Quick Answer: How Many Days Do You Have to Appeal a Case in Indiana? In most Indiana appeals from a final judgment, the...

    How to Appeal a Case in Indiana: Step-by-Step Guide, Deadlines, Costs, and Common Mistakes (2026)

    On Behalf of Dixon & Moseley, P.C. | Jul 9, 2026 | Uncategorized

    A practical Indiana appellate lawyer’s guide to Notice of Appeal deadlines, appealable orders, the appellate record, briefing, oral argument, rehearing, and transfer to the Indiana Supreme Court. If you lost a civil case in Indiana, you may wonder whether the trial...

    Common Grounds for Appeal in Indiana Civil Cases (Complete Guide)

    On Behalf of Dixon & Moseley, P.C. | Jul 1, 2026 | Uncategorized

    When a civil case does not go your way in an Indiana trial court, an appeal may provide a path to reversal, but only if certain legal errors occurred. Indiana appellate courts do not retry cases or reweigh evidence. Instead, they review whether the trial court...

    When Is Parental Consent NOT Required for Adoption in Indiana? (2026 Guide)

    On Behalf of Dixon & Moseley, P.C. | Jun 25, 2026 | Uncategorized

    Adoption in Indiana typically requires the consent of a child’s biological parents. However, Indiana law provides several important exceptions where a court may allow an adoption to proceed without a parent’s consent. Understanding these exceptions is critical;...

    Failure to Object: When Is an Issue Waived?

    On Behalf of Dixon & Moseley, P.C. | Jun 9, 2026 | Uncategorized

    An Indiana Litigation Guide for Preserving Error on Appeal In Indiana litigation, one of the most common mistakes a trial lawyer can make is failing to object at the right time and in the right manner. The rule is simple but unforgiving: if you do not properly object, you may waive the issue for appeal. An objection must be timely…

    Waiver on Appeal: The #1 Reason Appeals Lose in Indiana

    On Behalf of Dixon & Moseley, P.C. | Jun 2, 2026 | Uncategorized

    In Indiana appellate practice, many appeals do not fail because the underlying issue lacked merit. They fail because the issue was waived. In plain terms, waiver means the appellate court will not decide an argument because it was not properly preserved in the trial court, properly supported on appeal, or properly presented under the Indiana Rules of Appellate Procedure. Common…

    How to Preserve Error for Appeal in Indiana

    On Behalf of Dixon & Moseley, P.C. | May 28, 2026 | Uncategorized

    Executive Summary There are several things that an attorney can do to ensure that an error is preserved for appeal. Making timely and specific objections and obtaining an explicit ruling from the judge on such objections can ensure that a matter is preserved. If evidence is excluded, the attorney should make offers of proof through questioning the witness outside of…

    Can a mother legally deny parenting time to an unmarried father?

    On Behalf of Dixon & Moseley, P.C. | May 10, 2026 | Uncategorized

    The answer depends on several important legal factors, including paternity, custody orders, and the best interests of the child. An unmarried mother has sole legal custody in Indiana unless a court orders otherwise. An unmarried father does not have enforceable rights until paternity is established by either signing a paternity affidavit or filing a paternity action in court. If paternity…

    What Happens to the House in an Indiana Divorce?

    On Behalf of Dixon & Moseley, P.C. | Apr 23, 2026 | Uncategorized

    Executive Summary A house is considered marital property if it is owned by one or both spouses, even if it was acquired before the marriage. Indiana law presumes that a 50/50 division of marital property is fair, but this presumption can be rebutted by a number of factors. As for the house specifically, the court may award the house to…

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    Recent Posts

    • What Orders Can Be Appealed in Indiana? A Guide to Final Judgments, Interlocutory Appeals, and Appellate Rights (2026)
    • How Many Days Do You Have to Appeal in Indiana? (2026)
    • How to Appeal a Case in Indiana: Step-by-Step Guide, Deadlines, Costs, and Common Mistakes (2026)
    • Common Grounds for Appeal in Indiana Civil Cases (Complete Guide)
    • When Is Parental Consent NOT Required for Adoption in Indiana? (2026 Guide)

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