One of the main concerns for Indiana drivers who are arrested for drunk driving is whether or not they will lose their drivers license. What most drivers do not realize is that they can have their license suspended even if they are not ultimately convicted of DUI.
Drivers in their state a Indiana have given their implied consent to submit to a chemical test if they have been arrested for DUI. Under Indiana’s Implied consent laws if you refuse the test or if you take the blood alcohol content test and your BAC is above the legal limit of 0.08% or higher than you license can be suspended by the Indiana Bureau of Motor Vehicles.
What do I do after a DUI arrest?
If your license was confiscated by the arresting officer and you have been issued a temporary license you have 10 days from the date of your arrest to schedule an administrative hearing.
If you lose at the hearing or you fail to schedule the hearing and challenge the per se violation you will have your driver’s license suspended for 180 days for a chemical test failure and one year if you refuse to submit to the blood alcohol content test.
What will happen at the Administrative Hearing?
The administrative hearing will not determine whether or not you are guilty of drunk driving. All the court will decide is 1) if the arresting officer followed the proper procedures during the drunk driving arrest; 2) if you submitted to a chemical test; and 3) whether the Indiana officer explained the additional penalties for refusing to submit to the blood alcohol content test. The court will also evaluate whether or not your BAC was above the legal limit.
What if the court rules in your favor? The court will return your license to you. If the court does not rule in your favor your license suspension will start and you will be eligible to apply for a hardship license after 30 days. If you did not submit to the chemical test then you will not be eligible to request a hardship license. Commercial drivers are not eligible for a hardship license during the administrative suspension period.
Criminal penalties for Indiana DUI
Unfortunately, even if you do not have your license administratively suspended there might be a chance that you could still be found guilty of drunk driving. For instance, if your blood alcohol content test reveals that your blood alcohol concentration was 0.07% and the state decides to pursue charges against you, if you are convicted of DUI you may be still face DUI criminal penalties.
The good news is that if your blood alcohol content level was not too high the DUI charge will be a misdemeanor. Charges for drunk driving in Indiana include 5 days in jail or potential community service, fines of less than $500, license suspension of 180 days (except in cases of refusal), completion of an alcohol education course and purchase of SR-22 insurance.
Commercial Drivers license in Indiana
What if you have a commercial driver’s license? If you are convicted of operating your commercial vehicle and your blood alcohol concentration is above 0.04% or higher, you refuse to take the blood alcohol content test or you are convicted of driving while under the influence of alcohol or a controlled substance your CDL will be suspended for a minimum of one year.
- Second DUI – will I go to jail? (duiattorneyhome.com)
- Drunk driving – Administrative License Suspension after a DUI (duiattorneyhome.com)
- DUI- How do I know if I was arrested for drunk driving? (duiattorneyhome.com)
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