Indiana DUI Laws & Attorneys
by Joshua Dale
In 1954 an Indiana State Police Captain, Dr. Robert Borkenstein, invented a device which measured blood alcohol content (BAC) from the breath (Dr. Roland Harger had one developed in the 1930s which was improved upon). Dr. Borkenstein can appropriately be called the "Father" of the Breathalyzer® and was the chair of the International Council on Alcohol, Drugs and Traffic Safety. Although he never completed college, he was also the head of the Indiana State Police Forensics Laboratory, a professor and Chairman of the Department of Police Science at the University of Indiana
Indiana’s DUI ‘per se’ law states that a blood alcohol content of .08% by itself constitutes impairment to a degree that you are assumed to be unsafe behind the wheel. However, you can also be prosecuted for driving ‘under the influence’ if it can be proven that you were driving in an unsafe manner. Under this theory circumstantial evidence, such as slurred speech, blood shot, watery eyes, unbalanced coordination, hazardous driving, and field sobriety tests can be proof that a driver was ‘under the influence’.
In Indiana a law enforcement officer has the option of choosing blood, breath or urine testing to determine the driver’s BAC level in DUI arrests. The offender does not have the right to consult with an attorney before taking a BAC test.
If you haven’t been drinking or you believe that you might have been “impaired” from a benign source such as alcohol based paint or solvents, mouthwash, prescription or over-the-counter drugs be aware that you can still be arrested for an Indiana DUI, even though you are not “legally drunk”.
You should note that you have the right to a second BAC test at your own expense at a place of your choice. When blood is drawn with or without a request from law enforcement, it is extremely important to have your Indiana DUI attorney contact the hospital or lab immediately with notice of the federal confidentiality law and to assert your patient’s rights regarding the privacy of medical records.
After being charged with an Indiana DUI you’re going to face two adversaries: the criminal courts, and the Indiana Bureau of Motor Vehicles. If your license was suspended or revoked because of a DUI, you will be offered a formal hearing. You have the right to make request within 10 days of your notice of license suspension for an administrative hearing with the BMV to try avoiding losing your driving privileges. Your license will be lost if a hearing is not requested, for not appearing, or for an unsuccessful outcome. BMV sanctions can also be imposed even if you are found not guilty in a criminal court case.
BMV hearings may be a crucial opportunity to let your Indiana DUI defense attorney cross-examine and rebut testimony, and confront evidence offered by those involved in your arrest and investigation.
Be advised that Indiana has an out-of-state Driver’s License Compact Agreement. This means that Indiana DUI convictions will be reported to your home state which will generally take action to suspend your license. Offenses for out-of-state drivers can also create other complications. Consequently, it’s imperative that you contact a local Indiana DUI attorney to walk you through the procedures and insure that you don’t face complications with bail, jail, and your driving privileges.
Across the country DUI laws and evidentiary procedures are being challenged, while at the same time state laws are becoming more severe. To be certain that you have the correct and current knowledge contact an Indiana DUI specialist. In any case, when you are stopped and arrested for suspicion of an Indiana DUI, request to see a DUI attorney, the sooner the better.
– Info You Should Know –
Was I Stopped Legally?
Basically you were stopped because of an equipment failure or an officer had probable cause to think you were driving in an impaired manner. Arrests for drunk driving in every state focuses on four areas: driving patterns, physical appearance, field sobriety tests, and chemical tests.
Not all reasons offered by officers are legal. Check with an Indiana DUI attorney who will examine all the different aspects of your case, will defend you aggressively and try to mitigate any penalties.
Should I Have Talked To the Cop?
Remember that you don’t have to answer any questions that will incriminate you. Most people say that they have had a "couple of drinks” which is not necessarily incriminating. However such "statements of consumption" will be used against them in court or at a hearing.
And if you plan to refuse a sobriety test – which may not be the best action – you should inform the officer who stopped you that you would rather wait until consulting an Indiana DUI lawyer. But be advised if you refuse the test under the implied consent law you can lose your license on the spot, and probably for many months.
Did I Have A Right To Make A Call?
The police are not required to advise you of this right. But once a request is made, they are obligated to provide an opportunity to make a call, hopefully to an Indiana DUI specialist.
I’m Simply Going To Plead Guilty, Why Do I Need A Indiana DUI Lawyer?
The penalties and the numerous, complicated laws relating to motor vehicles, DUI charges and Indiana drunk driving laws should be taken very seriously. Indiana DUI convictions and penalties can be long lasting and severe, both in court and with the Indiana Bureau of Motor Vehicles which regulates your driving privileges.
Experienced and skilled legal counsel may be able to help maximize your defenses thereby mitigating your penalties. An Indiana DUI defense attorney will level the playing field between you and the prosecution in an effort to provide and preserve your constitutional rights.
When considering consulting an Indiana DUI attorney, take into account the impact of a criminal conviction: possible loss of voting privileges, increased cost or cancellation of auto insurance, lost educational opportunities, inability to rent or own cars, restrictions on travel, damage to security clearances, job barriers, possible harm to professional credentials or certifications, and the loss of freedom. Don’t you think these rights, possessions, achievements and abilities are worth protecting?
What’s An Indiana DUI Defense Attorney Going To Cost?
One of the biggest concerns for people charged with driving while intoxicated is attorney fees. As cases vary, so does cost. Most people don’t realize that money spent now on skillful help from an Indiana DUI attorney might save them thousands of dollars in the years to come.
What Are Court Costs?
Additional costs outside of the fine for court or administrative services, regulated by state penal or vehicle codes violated. They can be costly.
Did I Have To Take a Field Sobriety Test (FST)?
Unlike blood and breath testing, submitting to a "field sobriety test" is voluntary, but do not expect an officer to inform you of this. According to the National Highway Traffic Safety Administration (NHTSA), the only tests that have been shown to have some relevance to establishing legal intoxication are the One Leg Stand, the Heel-to Toe and the Horizontal Gaze Nystagmus (HGN). The results of these tests will be entered as evidence against you. But even under laboratory conditions, these tests have only been established to be accurate in predicting blood alcohol content above .10% in 66% to 77% of the time.
What if I Refused To Take a BAC (blood alcohol content) Test?
Refusal carries certain penalties which may be more severe than a DUI conviction. The arresting officer will take your license and it will be automatically suspended. You may request a hearing within 10 days of the arrest to contest the validity of the confiscation or driver’s license suspension.
This hearing is not a trial and producing evidence of innocence and the burden of proof bears upon the accused.
Can I Plea Bargain?
It is next to impossible to plea bargain a Indiana drunk driving charge without an experienced Indiana DUI lawyer. Often effective DUI counsel will be able to negotiate a plea to a lesser charge.
A plea bargain means that you agree to plead guilty to some lesser charge or having your attorney and prosecutor mitigate the penalties. Practiced Indiana DUI attorneys often times will be able to negotiate a plea to a lesser charge as many cases are resolved prior to trial. The plea bargain is extremely advantageous to anyone accused of a Indiana DUI, but remember even a conviction to a lesser charge will still count as a ‘prior’ for calculating penalties for future offenses.
I’ve Heard of A Nolo Contendere Plea, What Is It?
In legal terms, nolo contendere (Latin for “I do not wish to contest”) is an alternative to a guilty or not guilty plea. While not technically a guilty plea, a nolo plea has many of the same effects, but with some mitigating circumstances. In most states you can only plea nolo once in DUI cases. Generally a judge decides whether a nolo plea will be accepted, and it is not always available.
In any case, without the services of a veteran Indiana DUI specialist, specialized pleas or plea bargaining is not possible.
Is Being Punished by the Indiana BMV and the Criminal Courts Double Jeopardy?
Like most states, Indiana law permits the enforcement of administrative penalties in addition to court punishments, as the state considers driving a privilege, not a right, and not subject to civil liberties. The Indiana BMV administers driver’s licenses, imposes civil penalties, serves as the judge, jury and also deals out punishment.
What if I Am An Out-Of-State Driver?
Be advised that Indiana and most states have an out-of-state Driver’s License Compact Agreement, meaning that Indiana DUI convictions will be reported to your home state which will generally take action to suspend your license. Offenses for out-of-state drivers can also create other complications. Consequently, it’s imperative that you contact a local Indiana DUI attorney to walk you through the procedures and insure that you don’t face complications with bail, jail, and your driving privileges.
What Happens In Court?
You’ll have to make several appearances. In a criminal case you have the right to a jury trial with presumption of innocence, but once convicted, it can be up to the judge what punishment you will receive. The sentencing range, and whether the offense will be a misdemeanor or a felony, is based on a number of things including the number of priors. These convictions include any previous Indiana administrative or criminal court drunk driving suspensions, for refusal to submit to a BAC test, or any ‘operating while intoxicated’ convictions in other states. There are also penalty enhancements due to aggravated circumstances.
In addition, a judge may require you to participate in alcohol or drug treatment programs as part of a parole (probation) program or have an ignition interlock device installed on your vehicle, or even have your vehicle seized and forfeited.
Can I Get a Limited Driver's License?
First of all, if an officer takes your license you can apply for a duplicate license from the Indiana Bureau of Motor Vehicles (BMV) which will be good until you are notified in writing that your license has been suspended. It’s a good idea to keep legal Identification for cashing checks, etc. After 30 days of the administrative suspension a hardship license is available by petitioning the court.
What About Enhanced Punishments For Indiana DUI Convictions?
Indiana has a habitual substance offender law that could add up to 8 additional years in jail if filed against an offender with 2 or more prior offenses. Many circumstances may lead to sentence enhancements: prior DUI convictions, the presence of a child in the car (up to 1 year in jail and loss of license, plus up to $5,000 fine), speeding, reckless driving, an elevated BAC level, or causing an accident with injuries or property damage.
Any time you face multiple or ‘aggravated’ charges, or if death, injuries or sizeable property damage occurs, the fallout for Indiana multiple convictions will get very heavy, including thousands of dollars in fines, mandatory years of imprisonment, massive restitution and of loss of license and vehicles for years, if not permanently. We strongly recommend retaining an experienced Indiana DUI attorney in order to secure the best possible outcome of a potentially severe situation.
What About My Insurance?
Your insurance rates will probably increase or be cancelled. Rates for your family members, or even for your employer (if you use a company car), may increase as well.
– Indiana Criminal DUI Penalties –
1st Offense (BAC of .08% to .14%)
Misdemeanor
Up to 60 days in jail.
Up to 1 year probation.
$500 fine.
90 days to 2 years loss of license.
Dismissal of charges possible with the completion of an alcohol evaluation and treatment program (for 1st time offenders only).
1st Offense with BAC of .15% or Higher)
Up to 1 year in jail.
Up to 1 year probation.
Up to $5,000 in fines.
90 days to 2 years loss of license.
Possible SR– 22 insurance policy.
DUI With a Controlled Substance
Felony
6 months to 3 years in jail.
Up to 3 years probation.
Up to $10,000 fine plus court costs.
1 to 2 years loss of license.
2nd Offense (Within 5 years)
Felony
Mandatory jail time.
6 months to 3 years in jail.
Up to $10,000 fine plus court costs.
Up to 3 years probation.
1 to 2 years loss of license.
Community service (including road crews).
3rd Offense
Felony
3 to 9 months in jail.
3 years probation.
$10,000 fine plus court costs.
Up to 10 years loss of license. Habitual offenders can potentially lose their license for life.
Underage DUI
.02 BAC.
180 days to 1 years license suspension.
Other penalties same as adult.
– Indiana Bureau of Motor Vehicles Penalties –
1st Offense/Refusal of BAC Test
180 days to 1 year loss of license.
180 days probationary license, for work, school, alcohol related programs and medical treatment.
Only vehicles equipped (at your own expense) with an ignition interlock may be driven.
SR – 22 filing for high risk insurance for 3 years.
Underage DUI
Zero tolerance or any alcohol in the system (usually .02% BAC).
Same penalties as adults.
Commercial Driver’s License
1st offense: 1 year suspension of license.
3 years disqualification for DUI while hauling hazardous materials.
Subsequent offenses: possible lifetime disqualification.
– Disclaimer –
Only experienced Indiana DUI attorneys should provide you with bona fide legal advice concerning Indiana DUI laws. Consequently, the aforementioned information on this web site should not be construed as legal advice, rather suggestions and a range of helpful information and should not be substituted for speaking with accredited Indiana DUI attorneys. There is no warrantee, expressed or implied herein. These issues are complicated, laws change and litigation takes experience. Please let us refer you to a seasoned professional Indiana DUI attorney specializing in DUI cases.
Unverified Other Research
What Happens To First Time Offenders in Indiana? Indiana First Offender
You are OWI in Indiana if you had a blood alcohol content (BAC) of .08% or greater. The limit is 04% for commercial drivers license (CDL) holders and .02% for those under 21. The first offense is a misdemeanor.
Legal limit is .08, only .04 for commercial drivers license (CDL) holders and only .02 for those under 21. Subsequent offenses or those involving death or serious bodily injury are felonies. License suspensions range from 90 days to 5 years depending on offense. On second convictions there is mandatory jail time, and felony convictions on third or subsequent offenses are non-suspendible with minimum 6 months incarceration. Habitual Traffic Violator law for repeat offenders provides for license suspensions of 5 years, 10 years, or life.
OWI Penalties
Jail
An OWI carries a possible penalty of 60 days to one year in jail, with no mandatory minimum sentence.
Fine
A possible fine of $500 to $5,000, with no mandatory minimum.
License Suspension
A test of .08% BAC or higher will result in a 180 days administrative suspension of your driving privileges. The 180 day suspension may be reduced to as little as 30 days if your case is concluded.
Hardship License
You can obtain a hardship license after 30 days of the administrative suspension.
Deferment
In Indiana, 1st offenders are eligible for deferment of charges provided they complete an alcohol evaluation and treatment program. Upon successful completion, charges are dismissed. An individual may participate only once in this program.
Alcohol Evaluation & Treatment
Court ordered, and a prerequisite for first offender deferent. Treatment options depend on the outcome of the evaluation.
Test Refusal
You are required to submit to any chemical (blood, breath or urine) test offered by an officer. There is a one year license suspension if you refuse to submit to a chemical test.
Ignition Interlock
As a condition of being granted a probationary license, you may be required to operate only vehicles equipped (at your own expense) with an ignition interlock, which prevents you from driving the car if you have any alcohol in your system.
Under 21
Under 21, you are DUI if you had any alcohol at all in your system. Penalties listed for underage first offenders with a BAC greater than 0.02% but less that .08% are the same as those for first offender adults, except that your license will probably be suspended for a year rather than 180 days.
Insurance
Your insurance rates will probably climb considerably, and your insurance carrier may drop you. The rates for family members and sometimes your employer can increase as well.
More Serious Charges
You may be charged with felony DUI (possibly leading to much greater penalties) if you are involved in a crash involving serious injury or death.
If you are convicted of OWI in Indiana, a range of punishment can be imposed.
First offenders: Can expect probation, payment of restitution, a license suspension and payment of court costs. Many courts require a jail sentence, even for first offenders, especially if the OWI involves an alcohol level of .15% or more.
Second offenses carry greater penalties. A felony may be imposed and reduced later; jail time may be required; probation; road crew; public restitution; home detention; and increased costs. 6 months to 1 year is a typical license suspension for a second-time OWI.
Third or subsequent offenses largely depend on the timing of your prior offenses. If you are habitual traffic violator eligible, you will lose your license for 10 years, plus anywhere from 3-9 months of jail time and a lengthy probation. You may qualify for drug or alcohol court.
Indiana DUI Penalties
First DUI Conviction
90 day-2 year driver's license suspension
5 days in jail or 180 hours of community service
Possible drug/alcohol treatment
Second DUI Conviction (within 10 years)
180 day-2 year driver's license suspension
10 days in jail or 360 hours of community service
Possible drug/alcohol treatment
Potential installation of ignition interlock device
Penalties for Refusal
1-year driver's license suspension
