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DUI in Indiana

DWI in Indiana

In the state of Indiana once you have been charges with a DUI (Driving Under the Influence) you need to consider two things. First, take your DUI very seriously. A conviction will have long lasting consequences that will affect your future, your personal freedom and your employment. Secondly, be smart and hire an experienced and qualified DUI attorney who is knowledgeable on Indian’s DUI laws and court process. Contact us immediately. We know the Indiana DUI laws and are knowledgeable on drunk driving defense.

The state of Indiana has strict fines and penalties for drunk driving. Any blood alcohol level (BAC) of .08% or higher is driving while impaired/intoxicated (DWI). A conviction of driving while impaired does not only include alcohol. It also includes driving under the influence of illegal substances, such as marijuana, methamphetamine, or cocaine. It also includes any over the counter or prescription drugs that impair the driver’s ability to operate the vehicle in a safe manner.

You must submit to any chemical test offered and requested by the officer. This includes blood, breath, and/or urine). If you refuse to submit to the test, your driver’s license is suspended for one-year.

In Indiana, you are operating while intoxicated (OWI) if you have a blood alcohol concentrate of .08% or higher. If you are a commercial driver, the limit is .04%. For those drivers under the age of 21 the blood alcohol concentration (BAC) cannot be .02% or higher. Indiana has and maintains the Zero Tolerance law for any driver under the age of 21. If their blood alcohol concentration (BAC) is .02% but less than .08%, the penalties are the same as those for first time offender adults and your driver’s license is suspended for one year. 

First time offenses are misdemeanors, however, subsequent charges or any charges that involve serious injury or death because of driving drunk are felonies and will include mandatory jail time.

For first time offenders there may be the possibility of deferment of charges once they complete a state approved alcohol evaluation and treatment program. The treatment options depend largely on the evaluation. The evaluation may determine that the person needs in or outpatient treatment. Once completed, the charges are dismissed. The “deferment of charges” option is only available once in the state of Indiana.
 
Along with jail time, a possible fine of $500 to $5,000 is ordered, mandatory attendance of a victim’s impact panel, and you will have your driver’s license suspended. Only after 30 days and a petition to the court will there be a possibility of obtain a hardship license. This is all up to the court and the circumstances and evidence surrounding your case.

If the judge grants a probationary driver’s license, a mandatory ignition interlock device is installed on your vehicle at your own expense. This device will prevent you from driving the vehicle if you have any alcohol in your system.

If any DUI, DWI, or OWI results in a crash that involves death or personal injury the charge becomes serious and is no longer considered a misdemeanor. It becomes a felony. If there has been previous, unrelated convictions of driving while intoxicated within the past five years the punishment rises and prison time will increase to eight years and up to $10,000 in monetary fines.

If convicted of Operating a Vehicle While Intoxicated (OWI), DWI, or DUI, you can be sentenced to the following:

First Offense:

  1. Possible jail time of up to one year.
  2. Court cost and fees must be paid and can exceed $300
  3. Fined up to $5,000
  4. Placed on probation and required to enroll in a substance abuse education course.
  5. Your license may be suspended for up to two years; however, you may be allowed to drive only for employment purposes during a 180-day probationary period.
  6. You may be required to attend a victim impact panel.
  7. An Interlock Device may be installed on your vehicle.
  8. You might be required to submit to frequent urine testing for drugs and/or alcohol.
  9. You may face other terms on our probation.

 

Second Offense:

  1. You may be placed on probation and required to pay for a substance abuse education course approved by the state of Indiana
  2. Fined up to $10,000
  3. Imprisoned for a minimum of five days or up to three years.
  4. Possible community service.
  5. Driver’s license suspended from 180 days to two years.
  6. An Interlock Ignition Device may be required installed on your vehicle.
  7. Possible requirement for you to attend a victim impact panel.
  8. Required to submit periodically to urine testing for drugs and/or alcohol.

Third Offense:

  1. Fined up to $10,000
  2. Driver’s license suspended for one year to 10 years.
  3. Imprisoned for a minimum of ten days and up to three years.
  4. Possible community service.
  5. You may have “Habitual Traffic Violator” added to your criminal record. You could be charged and sentenced as such and receive prison time of one year and up to eight years.
  6. You may be required to pay and enroll in a substance abuse education course approved by the state of Indiana.
  7. May be required to attend a victim impact panel.
  8. An interlock Ignition device may be required installed on your vehicle.
  9. Periodically required to submit to urine testing for drugs and/or alcohol.

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