Indiana DUI Laws & Penalties
Indiana Drunk Driving Laws Explained in Easy to Understand Simple Terms
An Indiana DUI (Driving Under Intoxicated) is issued for drivers with a blood alcohol level of .08% or higher. Indiana DUI cases are considered misdemeanor offenses. However, those arrested while driving with a blood alcohol level of .15% or more are treated with much more severity.
If you are arrested for an Indiana DUI, the officer who arrests you will decide whether you take a breath test or a urine test. Also, you will not be able to talk to a lawyer before taking the test. The officer controls which test you take, and you do not have the option to refuse to submit to the test. The officer will seize your license, but you are not suspended from driving until after your court appearance. Those awaiting trial for Indiana DUI can even receive a duplicate driver’s license.
Penalties for DUI in Indiana
While a Indiana DUI is considered a misdemeanor, it still carries severe consequences. You could spend two months to a year in jail, but Indiana state law does not require this. Also, you could face $500-$5,000 in fines, which are also not required by law. Your license will be suspended for 180 days for first offenders, but this is often lessened to 30 days. If it is not lessened, you can apply for a temporary license called a “Hardship License,” which allows you limited driving privileges. Often one of the stipulations is the inclusion of an ignition interlock system that will not allow you to drive if you have any alcohol in your blood. Second and third offenders face much longer suspension times. Most of these punishments are determined by the particular court in which you are tried.
However, first time Indiana DUI offenders can opt out of these fines by participating in an alcohol evaluation and treatment program. If the program is completed, your charges can be completely dropped. You can only do this once. In this treatment program, you will be evaluated and then prescribed treatment for your alcohol problem.
Here is a list of the different consequences for an Indiana DUI conviction
Indiana First Offense DUI Penalties
- Jail time up to 60 days
- 1 year probation
- Up to $5,000 in fines
- Drivers license suspension for 90 days to 2 years
Indiana Second or Subsequent Offense DUI Penalties
- Class D felony
- Jail time of 6 months to 3 years
- Up to 3 years probation
- Up to $10,000 in fines
- Drivers license suspension for 1 to 2 years
Indiana BAC Presumptions
- BAC levels of .05% to .079% are considered relevant evidence of intoxication.
- BAC levels of .08% or greater are considered evidence of intoxication.
Indiana Implied Consent Law
- Chemical testing is allowed. Blood, breath or urine to be selected by the officer within 3 hours of driving.
- The officer is required to advise the defendant of the penalties for test refusal.
- Tests resulting in a BAC of .08% or greater carry a 180 day license suspension.
- Test refusal results in a 1 year license suspension; which is admissible in a criminal case.
Indiana DUI Chemical Testing
- Chemical test results are admissible as evidence in court if they are performed by a qualified person in accordance with state guidelines.
- Blood tests are to be administered by a licensed physician, registered nurse or other qualified person.
- There are no statutory provisions regarding independent testing.
- Test results are only disclosed to the prosecuting attorney.
Indiana SR22 Insurance Considerations
No matter if you are a first time offender or a repeat offender, your Indiana DUI will carry serious consequences for your Indiana insurance premiums. You will either find that you are dropped by your insurance provider, or you will find that your premium cost skyrockets. This can even affect your family members that are on your insurance policy.
DUI Arrest Help.com has partnered with the largest and most trusted SR22 insurance provider in the state of Illinois and has worked out a special discount only available here for our website visitors.
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Additional Indiana DUI Resources
- Indiana DUI First Offense – Detailed first offense information including punishments after a first offense DUI in Indiana.
- Indiana DUI Classes – Get signed up to complete your required DUI class online today.
- Indiana SR22 Insurance – Learn everything you need to know about Illinois SR22 filing requirements with the DMV and find out how you can save hundreds of dollars each year on your Indiana SR22 insurance.
- Indiana DUI Lawyers – Contact one of our Indiana DUI lawyers today to discuss your pending DUI case.
- Indiana Bail Bond Agents – Contact an Indiana bail bond agent to get out of jail now.
- Indiana Non-owner Insurance – If you need an SR-22 filing, but don’t own a vehicle, you need to get a non-owner policy.