Indiana DUI State Law

Indiana DUI laws, or OWI (Operating While Intoxicated) laws, are designed to protect those on the road. If you have been charged with or arrested because of DUI charges, it is critical that you hire an experienced Indiana DUI lawyer to help you to fight your case.

Indiana DUI Law

Under Indiana DUI laws, law enforcement selects the type of chemical test to check for intoxication. This may be a blood test, breath or urine test. The offender has NO right to speak with an attorney prior to taking the test. It is critical that you speak to an Indiana DUI lawyer as soon as possible after taking such tests.

Also, at the time of arrest the police officer will take your license immediately. This does NOT mean it is suspended at that time. You can apply for a duplicate unless you are convicted of DUI.

Indiana Blood Alcohol Concentration Laws

Under Indiana DUI laws, the legal limit for intoxication is 0.08 percent. No additional proof of poor driving is needed if a chemical tests verifies this level of intoxication. A zero tolerance level of 0.02 percent (or any trace) of alcohol is in place for those under the age of 21. More so, if your blood alcohol level is at or above .15 percent, this qualifies as enhanced penalty level, which will include stiffer penalties. This may include DOUBLE the jail time and fines.

Implied Consent Laws

In the state of Indiana, operating a motor vehicle means you are giving implied consent to provide a chemical test of your blood, alcohol or breath if a police officer requests it to determine if you are intoxicated.

If you refuse to do so, this warrants a 1 year, automatic driver's license suspension.

Indiana DUI Laws: 1st Time Offender

As a first time offender, you will face Indiana DUI penalties including:

• Probation
• Payment of restitution, $500 fine
• License suspension up to 90 days
• Jail time up to 60 days. Jail sentence if Blood Alcohol Concentration is over .15 percent.
• Class C Misdemeanor charge
  

Indiana 2nd DUI Offense

A second time offender will face stricter punishment. To be labeled as a second time offender, the individual will have had one previous conviction of DUI within the last five years. This is Indiana's Look Back period.

A second time offender will face the following penalties:

• A class D felony will be charged to them
• Jail term of 6 months to 3 years of which 5 days and 180 hours of community service are mandatory
• Fines up to $10,000
• Drug and alcohol assessment
• 90 day to 2 year driver's license suspension
• Class C Misdemeanor charge
  

Indiana 3rd DUI Offense

A third offense in five years will warrant the following Indiana DUI penalties:

• Class D felony charge
• 6 months to three years in jail
• Up to $10,000 fine
• Minimum jail term is 10 days, with 360 hours of community service
• Drug and alcohol assessment, plus treatment is required
• Driver's license suspension up to 2 years
  

Hire an Indiana DUI Lawyer

The laws regarding DUI in Indiana are incredibly complex and strict. Violators or those accused of DUI should contact a qualified Indiana DUI lawyer as quickly as possible. This attorney can work to get charges dropped or reduced. They can often negotiate lower fines, jail terms and driver's license suspensions, but only if they are given the case soon enough.

• If you have been charged with a DUI in Indiana, Submit Your Case for a Free Review from a skilled DUI Attorney.

Contact Indiana Drunk Driving Attorneys

Indiana DUI Legal Web Resources