Getting a Driving Under the Influence (DUI) conviction in Indiana, often referred to as drunk driving, comes with very serious consequences. It can affect your driver’s license, your employment, and you can even get arrested if there are multiple instances. If you get a DUI in Indiana, you need to have an experienced Indianapolis DUI attorney by your side to avoid further complications.
This guide will show you what happens if you get a DUI in Indiana and how it can affect multiple aspects of your life.
What is a DUI in Indiana?
BAC Limits
In Indiana, driving under the influence (DUI) is defined by BAC limits. For drivers 21 and over, a BAC of 0.08% or higher is a DUI. For commercial drivers 0.04%. For drivers under 21, a 0.02% or higher is a DUI.
Impairment by Drugs
Indiana’s DUI laws go beyond alcohol impairment. Driving under the influence includes being impaired by drugs, whether prescription, over the counter or illegal. The law recognizes that these substances can impair your judgment, reaction time and motor skills making it dangerous to operate a vehicle.
Field Sobriety, Breathalyzer, and Chemical Tests
To determine impairment, law enforcement officers may administer field sobriety tests, a breathalyzer test, or a blood test. Field sobriety tests test physical coordination and cognitive function, while a chemical test measures the exact amount of alcohol or drugs in your system. Refusing to submit to these tests will result in immediate license suspension and other legal consequences.
Legal Standards and Penalties
The legal standards for a DUI in Indiana are black and white. Driving with a BAC at or above the legal limit or under the influence of drugs will result in arrest and prosecution. Penalties for a DUI conviction include fines, jail time, license suspension, mandatory substance abuse programs and an ignition interlock device.
What to Do After a DUI Arrest
1. Stay Calm and Compliant
When you are stopped and suspected of DUI, it’s important to stay calm and compliant with the officers. Arguing or resisting will result in additional charges and complications. Move slowly and deliberately and comply with their requests.
2. Know Your Rights
You have the right to remain silent and the right to an attorney. Exercise these rights to avoid self incrimination. Tell the officers you want to speak with your attorney before you answer any questions.
3. Get the Facts
As soon as possible write down everything that happened. Time, location and the events leading up to the arrest. How the field sobriety and chemical tests were administered. This will be important for your defense.
4. Call a DUI Defense Attorney
One of the most important things to do after a DUI arrest is to call a DUI defense attorney right away. A good attorney will guide you through the process, protect your rights and work to get the best possible result for your case.
5. Get a Copy of the Police Report
Get the police report. This will have the officer’s account of the arrest and will be a key piece of evidence in your defense. Your attorney will use this to find any inconsistencies or procedural errors.
6. Prepare for Your Court Appearance
Your first court appearance, also known as an arraignment, is where your court date will be scheduled, you will hear the charges against you, and enter a plea. Be prepared for this with your attorney. Dress professionally and be respectful in court as your demeanor can impact the judge’s perception.
7. Request a DMV Hearing
In many states, including Indiana, a DUI arrest will trigger an automatic license suspension, impacting your driving privileges. You have a limited time to request a hearing to contest this suspension. Your attorney can help you request and prepare for this hearing which is separate from the criminal court process.
DUI In Indiana Process
Arrest and Booking
The Indiana DUI process starts with the arrest and booking process for operating a motor vehicle under the influence. When a law enforcement officer suspects a driver of DUI they will administer field sobriety tests and if necessary, chemical tests to determine impairment. If the driver is impaired they will be arrested and taken to the police station for booking. During booking the driver’s personal information will be taken and they will be fingerprinted and photographed.
Initial Court Appearance (Arraignment)
The first court appearance after a DUI arrest is the arraignment, where the court date is scheduled. At the arraignment the driver will hear the formal charges against them and will be asked to enter a guilty, not guilty or no contest plea. It’s important to have an attorney at this stage as an attorney can advise on the best plea to enter based on the facts of the case.
Pretrial
After the arraignment, the case moves into the pretrial phase. During this phase both sides gather evidence, file motions and negotiate plea deals. Discovery, the process of exchanging information and evidence, is a big part of the pretrial process. A DUI defense attorney will review the evidence for any procedural errors or violations of the defendant’s rights.
Plea Bargaining
In many DUI cases, plea bargaining occurs during the pretrial phase. Plea bargaining is when the defendant agrees to plead guilty to a lesser charge in exchange for a lighter sentence. This can be good for both the defendant and the prosecution as it avoids the time and expense of a trial. A good DUI attorney can negotiate the best possible plea deal and potentially reduce fines, jail time or other penalties.
Trial
If a plea bargain is not reached the case will go to trial. During the trial both sides will present their evidence and arguments to a judge or jury. The prosecution must prove beyond a reasonable doubt that the defendant was driving under the influence. The defense can challenge the evidence, cross examine witnesses and present their own evidence and witnesses. The judge or jury will then render a guilty or not guilty verdict.
Sentencing
If the defendant is guilty of a drunk driving conviction, the next step is sentencing. The judge will determine the appropriate punishment based on the severity of the offense, the defendant’s prior record and any mitigating or aggravating factors. Penalties for DUI in Indiana can include fines, jail time, license suspension, mandatory alcohol education classes and an ignition interlock device.
Post Conviction
After sentencing the defendant has the option to appeal the conviction if they believe there were errors during the trial. An appeal must be filed within a certain time frame and is heard by a higher court. The defendant may also have to complete various requirements such as DUI school, community service or probation.
Consequences of a DUI in Indiana
Employment
A DUI in Indiana can have big consequences on employment. Many employers do background checks and view a DUI as a red flag. Certain professions especially those that require a clean driving record or involve operating vehicles will be more affected. Some employers have policies against hiring individuals with criminal records making it hard to get new employment.
Higher Auto Insurance Premiums
One of the most immediate financial consequences of a DUI conviction is the increase in auto insurance premiums. Insurance companies view drivers with DUI convictions as high risk and will charge much higher rates. In some cases they may even cancel the policy altogether and the individual will have to find new coverage which can be much more expensive.
Driver’s License Restrictions and License Suspension
A DUI conviction will typically result in the suspension or revocation of the driver’s license. Even after the suspension period is over, getting the license back can be a big hassle including paying reinstatement fees, providing proof of insurance and sometimes installing an ignition interlock device. These restrictions can make daily commuting and fulfilling job responsibilities harder.
Personal Relationships
The stigma of a DUI conviction can put a strain on personal relationships. Friends and family will react negatively and you will feel isolated and embarrassed. The stress of the legal process and financial burdens can also put pressure on family and social relationships and sometimes lead to long term relationship issues.
Criminal Record
A DUI conviction, especially if there are prior convictions, will leave a permanent stain on your criminal record. This record can be accessed by potential employers, landlords and educational institutions and can impact future opportunities. Having a criminal record can also impact eligibility for professional licenses and certifications and limit career options.
Financial Burden
Beyond the immediate fines and court costs a DUI in Indiana will also lead to long term financial burdens. These can include higher insurance premiums, costs for mandatory alcohol education classes, probation fees and potential loss of income due to employment difficulties. The total effect of these expenses can be devastating.
Psychological Impact
The psychological impact of a DUI conviction should not be ignored. The combination of legal stress, financial burden and social stigma can lead to anxiety, depression and other mental health issues. Seeking professional help and support from friends and family is key to coping with these challenges.
Housing
A DUI in Indiana can impact housing. Landlords do background checks and a criminal record can be a deal breaker in rental applications. This limitation can make finding a place to live harder and add to the overall stress and challenges after a DUI conviction.
Talk With an Experienced Indianapolis DUI Lawyer Today!
Ideally, you want to avoid getting any DUIs. However, if you find yourself in that situation, it’s crucial to understand the ins and outs to protect yourself and your rights.
At Rathburn Law, our attorneys will also be there to protect your rights. Contact us at 317.671.8965 for a free case consultation today!