Driving under the influence (DUI) and driving while intoxicated (DWI) fall under OWI laws in Indiana. OWI is operating while intoxicated. Indiana has three levels of OWI. The penalties for the 3 levels are different. Here is a breakdown of the 3 levels:
Class C Misdemeanor is an OWI with a BAC of .08-.14.
Class A Misdemeanor is an OWI with a BAC of .15 or higher.
The most common way for an DUI to be charged as a felony is if you have a prior DUI in the last seven (7) years.
There are other ways it can be a felony, (1) if there are passengers under 18-years-old, (2) if there is serious bodily injury as part of the driving incident, and (3) if there is a death.
OWI offenses carry several different punishments. The four types of punishments are:
Each level of OWI carries the potential for all four. Here is a summary of each level. Remember, nothing is a guarantee. The judge may agree to a lesser penalty. Alternatively, the judge may order the maximum penalty.
An OWI with a BAC lower than .15 is a Class C Misdemeanor. The penalties depend on if you’ve had similar offenses before. For a first offense, you may get up to 60 days in jail, pay a fine of $500 and have your license suspended for up to one years.
Judges rarely order jail time for a first offense. A good DUI defense attorney knows this. Keep in mind, there are other fees you must pay. There is a court fee. There is also a $200 drug and alcohol fee.
Subsequent offenses have higher penalties. Jail time becomes mandatory. Fines are the same. Your license is suspended for at least 1 year. You may be able to drive with an ignition interlock device.
An OWI with a BAC over .15 is a Class A Misdemeanor. The penalties are much higher than a Class C OWI.
For a first offense, you get up to 1 year in jail. The fines are up to $5,000. The license suspension is similar to a Class C misdemeanor.
Keep in mind that there is a Felony OWI in Indiana. We explain that here in detail.
You can be charged with a felony for OWI depending on your prior record, the people in your vehicle, if anyone was injured in an accident, or anyone dies in an accident. Jail time is dependent upon the facts. There may be mandatory minimum periods of incarceration. Fines can be as high as $10,000.
DUI Penalties Lawyer in Indianapolis, IN: Protecting Your Rights and Future
Being arrested for driving under the influence (DUI) in Indianapolis, Indiana, can lead to serious consequences, including harsh DUI penalties. Whether it’s your first offense or you’re facing multiple DUI charges, the impact of a DUI conviction can affect every aspect of your life, from driving privileges to employment and personal reputation. It is essential to understand the DUI penalties you may face and the legal defenses available to reduce or eliminate these penalties.
At [Your Firm’s Name], we specialize in defending individuals accused of DUI offenses in Indianapolis and Marion County. Our DUI attorneys are dedicated to providing you with a strong defense and protecting your rights. Whether you are facing license suspension, fines, jail time, or other DUI penalties, we are here to help you navigate the legal system and seek the best possible outcome for your case.
What Are DUI Penalties in Indiana?
The penalties for DUI in Indiana can vary significantly based on factors such as the number of offenses, the driver’s BAC (blood alcohol content), and whether there were any aggravating circumstances (e.g., accidents, injuries). Understanding these DUI penalties will help you prepare for what lies ahead and inform you about possible legal defenses.
First Offense DUI Penalties in Indiana
Even if this is your first DUI offense, the penalties for DUI can still be severe. A first-offense DUI conviction in Indianapolis may include:
License Suspension: Your driver’s license may be suspended for up to 180 days. However, you may be eligible for a hardship license after 30 days, allowing you to drive for work and other essential activities.
Fines: First-time offenders face fines between $150 and $500. In some cases, the court may impose higher fines, especially if other factors, like accidents or injuries, are involved.
Jail Time: A first DUI conviction is usually classified as a Class C misdemeanor, which carries the possibility of up to 60 days in jail. However, first-time offenders are often given probation or alternative sentencing.
Probation: If convicted, you may be placed on probation for up to one year. During probation, you may be required to attend alcohol education classes or perform community service.
Ignition Interlock Device: An ignition interlock device (IID) may be required if you have a BAC above the legal limit. This device prevents your vehicle from starting unless you pass a breath test.
DUI Penalties for a Second Offense in Indiana
The DUI penalties for a second offense in Indianapolis are more severe and can include:
License Suspension: For a second DUI offense, your license can be suspended for up to 2 years. After 180 days, you may be eligible for a restricted license, but only if you install an ignition interlock device.
Fines: The fines for a second DUI conviction may range from $500 to $1,000. In some cases, fines can be as high as $10,000 depending on the circumstances of the offense.
Jail Time: A second DUI conviction is typically classified as a Class D felony and may result in 5 days to 3 years in jail. Probation or house arrest may be an option, but jail time is a real possibility.
Probation: You may be placed on probation for 1 to 3 years following a second DUI conviction and may be required to attend an alcohol treatment program.
Ignition Interlock Device: The installation of an ignition interlock device is mandatory for second-time offenders, and you may be required to maintain it for a set period, even after your license is reinstated.
Penalties for Third Offense DUI in Indiana
If you are facing a third DUI offense, the penalties can be life-altering:
License Suspension: Your driver’s license will be suspended for up to 10 years, and you may not be eligible for a restricted or hardship license.
Fines: The fines for a third DUI conviction can reach $10,000, and the court may also impose additional restitution for any damage caused during the accident.
Jail Time: A third offense DUI is classified as a Class D felony, which carries a sentence of 2.5 to 12 years in prison. In some cases, you may qualify for parole, probation, or a work-release program, but a lengthy prison sentence is likely.
Probation: You may face extended probation for several years following a third offense, along with mandatory participation in a substance abuse treatment program.
Ignition Interlock Device: An ignition interlock device will be mandatory for a third offense, and you may be required to have it installed on your vehicle for an extended period.
DUI Penalties for Commercial Drivers and Minors
DUI Penalties for Commercial Drivers
Commercial drivers are held to a much higher standard than non-commercial drivers. For a commercial driver to legally operate a vehicle, their BAC must be less than 0.04%, half of the legal limit for regular drivers. A DUI conviction for a commercial driver can lead to severe consequences:
License Revocation: Your commercial driver’s license (CDL) will be revoked for one year after a DUI conviction. A second DUI conviction results in a lifetime revocation of your CDL.
Employment Impact: DUI penalties will likely end your career as a commercial driver, as most employers have a zero-tolerance policy for DUI offenses.
Fines and Jail Time: Fines and jail time for commercial drivers are similar to those for non-commercial drivers but may be higher depending on the specifics of the offense.
DUI Penalties for Minors (Under 21)
Indiana has a zero-tolerance policy for underage drinking and driving. If a minor (under 21 years of age) is caught driving with a BAC greater than 0.02%, they will face DUI penalties, including:
License Suspension: A first DUI offense for a minor results in 1-year license suspension, and 2nd offenses lead to longer suspensions.
Fines: Minors convicted of DUI face fines ranging from $500 to $1,000.
Probation: Minors may be placed on probation, and they are often required to complete an alcohol education program.
DUI Defense Strategies
If you’ve been arrested for DUI in Indianapolis, it’s crucial to have a skilled DUI defense attorney on your side. Here are some potential defense strategies that may be used to challenge your DUI penalties and reduce or dismiss your charges:
1. Challenging the Traffic Stop
A police officer must have probable cause to stop your vehicle. If the officer stopped you without any reasonable suspicion of a traffic violation or criminal activity, any evidence obtained during the stop may be inadmissible.
2. Challenging the Breathalyzer Test
Breathalyzer tests can be inaccurate due to a variety of factors, such as improper calibration, failure to follow correct procedures, or a faulty machine. Your attorney can challenge the results of the breath test by showing that the device was not calibrated correctly or that the officer mishandled the procedure.
3. Challenging Field Sobriety Tests
Field sobriety tests are subjective and can be affected by various external factors, such as medical conditions, anxiety, or poor weather conditions. A skilled DUI lawyer can argue that these tests were not administered properly or that factors unrelated to alcohol consumption influenced your performance.
4. Medical Conditions and Medications
Some medical conditions, such as diabetes or acid reflux, can cause symptoms similar to those of intoxication, such as slurred speech or a strong odor of alcohol. Certain medications can also affect the results of a breathalyzer or field sobriety tests. A DUI lawyer can argue that your condition or medications caused the appearance of impairment.
Why You Need an Experienced DUI Lawyer in Indianapolis
Facing DUI penalties in Indianapolis can be a daunting experience, and the consequences of a conviction can be severe. Whether this is your first DUI or a repeat offense, the right DUI lawyer can make all the difference. Here’s why you should consider hiring an experienced DUI attorney:
1. Protect Your Driving Privileges
DUI penalties in Indiana can result in the suspension of your driver’s license. Having a knowledgeable attorney on your side can help you challenge license suspensions or apply for a restricted license so you can still drive for essential activities like work and school.
2. Minimize Jail Time and Fines
An experienced DUI lawyer knows how to negotiate with prosecutors and present mitigating factors to minimize jail time and fines. In some cases, it may be possible to have your DUI penalties reduced, especially for first-time offenders.
3. Access to Legal Defenses
A skilled DUI attorney can use various legal defenses to challenge the evidence against you, including challenging the results of breathalyzer tests or field sobriety tests.
Contact a Trusted DUI Penalties Lawyer in Indianapolis Today
If you’ve been arrested for DUI in Indianapolis, don’t wait to seek legal help. The sooner you contact an experienced DUI lawyer, the sooner we can start working on your defense. The DUI attorneys at [Your Firm’s Name] are here to protect your rights and minimize the DUI penalties you face.
Call us today at [Phone Number] or fill out our online contact form to schedule a free consultation about DUI penalties. We’ll review your case, explain your legal options, and work with you to develop the best defense strategy.
