Indiana DUI Penalties

Indiana DUI law and penalties

Each State within the United States has been given the authority to write their own laws on Driving Under the Influence, or better known as DUI. Within this article, we will explore the different laws within the State of Indiana, and their penalties. To begin with, Indiana law enforcement primarliy use the term OWI, or Operating a Vehicle uner the Influence, which is the same as a DUI in other States. They also have what is known as a five and ten year "Lookback Period", meaning either time period can be utalized to count prior offenses making them relevant to the sentencing you are now facing with your current OWI/DUI. This is also known as a "washout" period. 

What constitutes as a high BAC for a OWI/DUI in Indiana?

  • Under 21: .02%
  • 21 or Older: .08%
  • Commercial: .04%

There is never an acceptable time to drink and drive, as your vision, reasoning, along with your mental capacity to make important decisions and judgments are severely hindered and are not capable of bouncing back to what you are capable to perform without alcohol in her system. Each person is different, and their tolerance for alcohol is severely unpredictable making it impossible to determine how many drinks are "normal" or not. This is what requires law enforcement to perform chemical tests on suspecting OWI/DUI offenders. If you are pulled over and are requested to take a chemical test to determine your BAC, or Blood Alcohol Content, the State of Indiana has an implied consent law. This means that if you refuse to submit to a chemical test, you will be subject to a fine and automatic license suspension. For refusal to take the chemical test, the penalties are as follows:

  • First Offense:  1 year license suspension
  • Second Offense: 2 year licenses suspension
  • Third Offense: 2 years license suspension

What are the penalties within the Indiana OWI/DUI law?

There are several penalties within the Indiana OWI/DUI law, and we will explore those here in this section. Should you be pulled over and found guilty of Driving Under the Influence of alcohol or Operating a vehicle While under the Influence of alcohol within the boarders of the State of Indiana, the following are the consequences you will be facing:

Penalty of Jail

  • First Offense: 60 days to 1 year
  • Second Offense: 5 days up to 3 years
  • Third Offense: 10 days up to 3 years

Penalties and Fines

  • First Offense: $500 to $5,000
  • Second Offense: $10,000
  • Third Offense: Up to $10,000

Penalty of License Suspension

  • First Offense: Up to 2 years
  • Second Offense: Minimum 180 days up to 2 years
  • Third Offense: Minimum 1 year up to 10 years

Penalty of Ignition Interlock Device (IID)

  • First Offense: No
  • Second Offense: No
  • Third Offense: Yes

Conclusion

It is important to note that laws change, as well as their interpretation and application of them. Due to the fact that there are multiple jurisdictions within a State, and each may choose to enforce the law in different ways, it is important to prepare for the unexpected. For this reason, it is in your best interest that you retain the services of an experienced and professional lawyer who is well versed in Indiana OWI/DUI law, and capable of giving you the direction you need for your specific case, along with being fully aware of the current laws pertaining to OWI/DUI.  

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