DUI laws are tricky and state by state, and knowing if a DUI in Indiana is a civil or criminal charge is important if you’re facing charges or supporting someone who is. In Indiana a DUI (also known as an Operating While Intoxicated, or OWI) is considered a criminal charge and carries big penalties including fines, license suspension, and even jail time. However, there can also be civil court consequences where injured parties seek financial compensation for losses incurred due to the at-fault driver’s actions. But how does Indiana classify and handle DUI and can there be civil consequences too?
In this post, we’ll dive into the criminal and civil consequences of a DUI in Indiana, the penalties, and the long-term effects on your life and highlight the importance of working with an experienced Indianapolis DUI defense attorney to help you navigate these complex legal issues.
Drunk Driving in Indiana
In Indiana, a DUI (Driving Under the Influence) is considered a criminal charge. This means if you’re charged with a DUI you’re facing big legal consequences including jail time, fines, and a criminal record. Knowing what these charges mean is important if you’re involved in a DUI.
Criminal Charges
When someone is charged with a DUI in Indiana, they’re facing criminal charges that can be a misdemeanor or a felony depending on the circumstances. A first-time DUI is generally a misdemeanor but repeat offenses or cases involving serious injury or death can be a felony. The level of the charge determines the penalties including incarceration and fines.
Civil Consequences
While DUI is a criminal charge, there are also civil consequences to consider, such as a civil drunk driving case. Civil drunk driving cases allow victims of drunk driving accidents to seek compensation for their losses. For example, if someone is injured or property is damaged as a result of your actions, they can file a civil lawsuit against you. In those cases, the injured party can seek compensation through a civil claim, which can include medical bills, lost wages, and punitive damages.
Administrative Consequences
In addition to criminal and civil consequences, they also trigger administrative consequences. The Indiana Bureau of Motor Vehicles (BMV) can impose license suspensions or other penalties separate from the criminal charges. So even if you’re not convicted in criminal court you can still face big consequences regarding your driving privileges.
Misdemeanor DUI’s
In Indiana, misdemeanor DUI convictions occur when a driver operates a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. This is the legal limit for most drivers. If you’re charged with a first-time DUI it’s a Class C misdemeanor.
Misdemeanor DUI Consequences
The penalties for a misdemeanor DUI offense can include fines, license suspension, and jail time. For a first-time offender, the fines can be $500 to $5,000 and you can face up to 60 days in jail. However, many first-time offenders can get alternative sentencing options like community service or probation.
Repeat Offenders
If you have a prior DUI conviction count, the situation gets worse. A second DUI within 5 years is a Class D felony and the penalties are more severe. Repeat offenders can face longer license suspension, higher fines, and more jail time.
Impact on Your Driving Record
A misdemeanor DUI will be on your driving record. This can affect your insurance rates and your ability to get a driver’s license in the future. Insurance companies will view you as a higher-risk driver and may increase your premiums or deny you coverage.
Felony DUI’s
In Indiana, a DUI can be a felony under certain circumstances, leading to felony DUI convictions. Typically, a felony DUI occurs when a driver has multiple prior DUIs or when their actions result in serious injury or death. Knowing these differences is important if you’re facing these serious charges.
Multiple DUI’s
If a driver has two or more prior DUIs within the last 10 years, a subsequent DUI charge can be a felony, falling under criminal drunk driving cases. What may have started as a misdemeanor can quickly become a serious criminal charge. The law wants to deter repeat offenders so the penalties are more severe. The consequences of a felony DUI can include long jail time, big fines, and long-term impact on your criminal record.
DUI Causing Injury or Death
A DUI can also be a felony if the driver causes serious bodily injury or death to another person while driving under the influence, initiating a criminal case. In these cases, the law takes the offense very seriously. Charges can include felony DUI causing serious bodily injury or even vehicular homicide. The penalties for these offenses are severe and can include years in prison and big fines.
Consequences of a Felony DUI
The consequences of a felony DUI conviction go beyond the immediate penalties. A felony record can impact employment, housing applications, and even personal relationships. If you’re facing felony DUI charges you need to know the long-term implications and the importance of legal representation. Having an experienced attorney can make a difference in navigating the system and potentially reduce charges or penalties.
DUI Penalties
Knowing the penalties for DUI convictions in Indiana is important if you’re facing these charges. The penalties can vary greatly depending on whether it’s a misdemeanor or a felony.
Misdemeanor DUI Penalties
In Indiana, a first-time misdemeanor DUI can result in a range of penalties. Typically you’ll face up to 1 year in jail with the possibility of serving some of that on probation. Fines can be up to $5,000. Your driver’s license will be suspended for a minimum of 90 days. Repeat offenders will face more severe penalties including longer jail time and bigger fines.
Felony DUI Penalties
When a DUI becomes a felony the stakes are much higher. A felony DUI can occur in several ways such as having multiple prior convictions or causing serious injury or death while driving under the influence. The penalties for a felony DUI can include prison time of 6 months to several years, big fines, and a longer driver’s license suspension. In some cases, you may also be required to install an ignition interlock device in your vehicle.
Other Consequences
Beyond jail time and fines, a DUI is classified as a criminal offense and can have long-term effects on a person’s life. It can result in a permanent criminal record which can impact employment and professional licenses. You may also face higher insurance rates or be unable to get insurance at all.
Civil Aspects of DUIs
When talking about DUIs in Indiana, you need to understand the civil aspects of these charges. While a DUI is a criminal offense, it also has civil consequences that impact your driving privileges and financial responsibilities.
Civil Suits and Liability
Drunk driving can lead to civil lawsuits. If a drunk driver causes an accident the injured party may file a civil claim for medical expenses, lost wages, and other damages. This civil case is separate from any criminal charges. The burden of proof in civil cases is lower than in criminal cases so a drunk driver can be found liable even if they are not convicted of a DUI.
Administrative Penalties
In addition to criminal penalties individuals facing DUI charges in Indiana will also face administrative consequences. The Indiana Bureau of Motor Vehicles (BMV) can suspend your license based on the DUI charge. This can happen even if you’re not found guilty in criminal court. The length of the suspension will depend on the number of prior DUIs and other factors.
Financial Consequences
DUI’s can bring financial burdens. Besides the fines associated with a criminal conviction, you may also face higher insurance rates. Insurance companies view a DUI conviction as a big risk factor so you may see higher premiums or even cancellation of coverage. If you’re found liable in a civil lawsuit you may have to pay punitive damages making your financial situation even more complicated.
Employment
A DUI conviction can also impact employment. Many employers do background checks and a criminal record can limit your job opportunities. Some professions especially those that involve driving or operating heavy machinery have strict policies on DUI’s. This can result in job loss or difficulty finding new employment.
Contact an Experienced Indianapolis DUI Defense Lawyer Today!
If you’re facing a DUI charge in Indiana, understanding your rights and options is crucial. The consequences of a DUI conviction can be life-altering, but you don’t have to navigate this complex process alone. Our team at Rathburn Law has the experience and dedication to guide you through every step, working tirelessly to protect your rights and achieve the best possible outcome for your case.
Contact us today at 317.671.8965 for a free case review!
