The DUI laws of the State of Indiana
prohibit the following:
- Drivers under the age of 21
operating a motor vehicle with blood
alcohol content (“BAC”) of 0.02
or higher;
- Drivers of any age operating
a motor vehicle with BAC of 0.08 or
higher; and
- Drivers operating a
commercial vehicle with BAC of 0.04 or
higher.
Penalties
for a DUI conviction in Indiana include, but are
not limited to, the following:
First
DUI Conviction
- A first DUI in Indiana is a
Class “C” Misdemeanor and
carries with it jail time ranging from 30
days minimum to 60 days. This time
increases to up to 1 year if BAC at the
time of arrest was 0.15 or above.
First-time offenders also face fines up
to $500; the fines are up to $5,000 if
BAC at the time of arrest was 0.15 or
above. The license of first-time
offenders will be suspended for up to 2
years and the Court will likely place
first-time offenders on probation for up
to 2 years. The court may also
order community service and alcohol
programs and if BAC was over 0.15, the
court may also order that the driver
install Ignition Interlock Device.
Second
DUI Conviction
- A second DUI in Indiana is a
Class “D” Felony and carries
with it jail time ranging from 5 days
minimum and up to 3 years.
Second-time offenders will face fines up
to $10,000 and license suspension with
minimum of 180 days and up to 2
years. Second-time offenders will
also be placed on probation for up to 2
years. The court may also order
community service and alcohol and victim
impact programs and if BAC was over 0.15,
the court may also order that the driver
install Ignition Interlock Device.
Third
DUI Conviction
- A third DUI conviction in
Indiana is a Class “D” Felony
and carries with it jail time ranging
from 10 days minimum to 3 years.
Third-time offenders will also face fines
up to $10,000 and license suspension of
minimum of 1 year and up to 10
years. Third-time offenders will be
placed on probation for 2 years.
The court may also order community
service and alcohol programs and if BAC
was over 0.15, the court may also order
that the driver install Ignition
Interlock Device. Penalties for a
third-time offender will be harsher if
he/she is determined to be a “habitual
traffic violator.”
Indiana DUI Laws
Summary
In Indiana, an individual is legally
intoxicated if their blood alcohol content is
determined to be .08% or higher. Every offender
faces the potential of 60 days to one year of
incarceration with no minimum sentence. In
addition, a determination of guilt carries a
potential fine ranging from $500.00 up to
$5,000.00 with no required minimum.
If a blood alcohol content test
reveals a level of .08%, or higher, this finding
may result in a 180 day suspension of driving
privileges. If the case is concluded, the
suspension may be reduced to a minimum of 30 days
depending on the outcome. Some individuals may
request a hardship license after 30 days, which
will allow the offender to operate a motor
vehicle to and from work, school, medical
appointments and court ordered treatment
programs. As a condition, offenders may be
required to operate only a vehicle that has been
equipped with an ignition interlock device, which
will prevent them from driving if alcohol is
present in their system.
The state of Indiana offers a
deferment of charges to first time offenders.
Providing they satisfactorily complete a
recommended alcohol evaluation and treatment
program, charges are dismissed. This program is a
one-time opportunity and may not be repeated for
future offenses.
Individuals are required to submit
to any blood alcohol content test, as requested
by the officer, or face an automatic one year
suspension of their driver’s license.
Youthful offenders, who are defined as anyone
under the age of 21 with a blood alcohol content
level between .02% and .08%, are subject to the
same penalties as adult offenders. The only
exception is that youth offenders may be subject
to a one year license suspension as opposed to
the 180 day suspension, which is often imposed on
adults.
In an instance that a DUI results in
serious injury or death to another person or
persons, the offender may be charged with felony
DUI and therefore be subject to much harsher
penalties.
Upon conviction or an admission of
guilt, many DUI offenders will commonly face
problems relating to their insurance company.
Immediately being labeled as “high risk”
drivers, offenders are often dropped by their
insurance company altogether or, at the very
least, are required to pay much higher rates. In
the event that the offender must search for a new
insurance provider, he/she may encounter
difficulty in finding a new company who offers
high risk policies. If a new insurance company is
accepting, the rates will likely be extremely
high for the amount of coverage granted.
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