Drunk Driving Defense Laws in Indiana
People who are going out to a bar, restaurant, or party that will have alcohol know they should have a designated driver lined up. It's a matter of safety for the driver and others on the road. If no designated driver is available, some people in Indiana might opt to drive themselves. That could run afoul of Indiana law if the driver's blood-alcohol concentration percentage is above certain levels. In those cases, the driver may be charged with drunk driving, or what Indiana calls "operating while intoxicated" or simply OWI.
Indiana law imposes a fine of up to $5,000; up to one year in prison; up to years' license suspension; mandatory attendance at a victim impact panel (where applicable); and other sanctions for the first offense. Sentences only go up from there, with a fine of up to $10,000 and up to three years in prison for a third offense.
Drunk Driving Levels in Indiana
In order to be charged with drunk driving in Indiana, a person has to have the blood-alcohol concentration percentage at or above the state's limits. For a person who is 21 years old or older, that limit is .08 percent. For people who are younger, the limit is .02 percent. Commercial drivers have a limit of .04 percent.
Drunk Driving Consequences in Indiana
Consequences for a drunk driving conviction vary greatly in Indiana. Each subsequent conviction has more severe consequences than prior convictions. Unlike many states, the washout period in Indiana has two timeframes. One timeframe is five years, and the other is 10 years.
All drunk driving convictions carry a driver's license suspension. The suspension period, which is a minimum of 30 days for a first conviction, six months minimum for a second, and a year minimum for a third, is followed by a period of license restriction during which the person can only drive to and from work.
Jail sentences are imposed with every conviction. The amount of time on a first conviction is up to a year. On second convictions, there is a minimum sentence of five days in jail. On a third, that minimum is increased to 10 days. In both second and third convictions, the maximum jail sentence is three years unless the person is charged as a habitual offender, which has a maximum sentence of an additional eight years.
On top of those consequences, people convicted of drunk driving also face fines that range from $300 up to $10,000. In some cases, ignition interlock devices might be ordered. Alcohol counseling, victim impact panels, and community service are all possible. The court can also order probation in some cases.
Drunk Driving Defense in Indiana
There are several defense strategies that can be used in Indiana. One of those is pleading guilty to a lesser charge. Indiana state law doesn't forbid pleading guilty to a lesser charge in drunk driving cases. That would mean instead of being convicted of a drunk driving charge, the person would plead guilty to a reckless driving charge. Other possibilities include calling into question the validity of the testing used if there are any discrepancies there or disputing the reason for the traffic stop reason if applicable.
Fighting against drunk driving charges in Indiana requires considerable experience. Seeking assistance from an experienced Indiana OWI attorney can help people facing these charges in Indiana to learn about applicable laws, potential consequences, and possible defense strategies for their case.
The information on this page is meant to provide a general overview of the law. The laws in your state and/or city may deviate significantly from those described here. If you have specific questions related to your situation you should speak with a local attorney.
Additional Drunk Driving Articles
- What terms are used for drunk driving offenses in Indiana?
- Must I consent to a field sobriety test after a drunk driving arrest in Indiana?
- Is drinking and driving a crime in Indiana?
- When will I be charged for OWI in Indiana?
- What is the legal drinking limit for drivers in Indiana?
- Indiana OWI Laws: FAQ
- Are the penalties different for minors convicted of OWI in Indiana?
- What happens after I am arrested for drunk driving in Indiana?
- Where can I find an Indiana DUI lawyer?