DUI & DWI in Indiana

In Indiana, the Blood Alcohol Content (BAC) limit is set at:

0.08%  – for drivers over 21 years of age

0.04%  – for commercial drivers (CDL)

0.02%  – for drivers under 21 years of age

Having a license in the state of Indiana automatically renders “implied consent”. “Implied consent” can be used by the officer to test your BAC level if you are stopped on the suspicion of drunk driving, either through a Breathalyzer test or by an actual blood test. Refusing to take the chemical test will result in your license being revoked for 1 year. If you are convicted of DUI/DWI, it is recommended that you get in touch with a DUI/DWI lawyer as they are experts at handling such incidents and can offer you the best advice.

Insurance companies keep a close watch on DUI violations. Your insurance premiums may go up drastically, and you may be labeled a “high-risk” customer. Even worse, your insurance company may cancel your policy, leaving you to search for insurance with the “high-risk” driver tag, meaning you’ll have to pay much higher premiums.

If convicted of a DUI/ DWI the ramifications include: Heavy Fines, Points on your drivers license, and a License Suspension or Revocation, and higher Insurance Premiums! Points are assessed based on the severity of the offense and the number of convictions. All this information can be found on our website. You could also contact an STA Advisor absolutely FREE!!!

If you are over 21 years old:

• BAC of 0.08% to 0.14% is treated as a Class C Misdemeanor.
• Imprisonment for at least 5 days.
• A $500 fine.
• 8 points will be added to your driving record.
• Your license will be suspended for at least 90 days up to 2 years.
• Instead of a prison term you may perform 180 hours of community service.
• You will have to do an alcohol or drug abuse assessment and if required, complete an alcohol or drug abuse treatment program. In addition, you will have to do an alcohol deterrent program if you suffer from alcohol abuse.
• You may be eligible to drive using a probationary license after a 30-day suspension period.
• If your BAC is 0.15% or over, the offense is treated as a Class A Misdemeanor and the jail term could go up to a maximum of 1 year. You could also be fined up to $5,000.
• If you have at least one passenger who is less than 18 years of age while driving with a BAC of over 0.08%, the offense will be treated as a Class D felony.

(within 5 years)

• Is treated as a Class D felony.
• Imprisonment for 6 months to 3 years.
• A $10,000 fine.
• Your license will be revoked for 1 to 2 years. (If this is your 2nd conviction in the last 10 years, but not in the last 5, your license will be suspended for 180 days up to 2 years).
• The mandatory prison term is at least 10 days or you may perform 360 hours of community service.
• You will have to do an alcohol or drug abuse assessment and if required, complete an alcohol or drug abuse treatment program. In addition, you will have to do an alcohol deterrent program if you suffer from alcohol abuse.
• The court may allow you a probationary license after a 30-day suspension period provided you install an ignition interlock device in the vehicle or enroll in an alcohol abuse treatment program.

(in 10 years) “Habitual Traffic Violator”

• Is treated as a Class D Felony.
• Imprisonment for 6 months to 3 years.
• A $10,000 fine.
• Your license could be suspended for 10 years.
• The mandatory prison term is at least 10 days or you may perform 360 hours of community service.
• You will have to do an alcohol or drug abuse assessment and if required complete an alcohol or drug abuse treatment program. In addition, you will have to do an alcohol deterrent program if you suffer from alcohol abuse.
• The court may allow you a probationary license after a 30-day suspension period provided you install an ignition interlock device in the vehicle or enroll in an alcohol abuse treatment program.

• You will be barred from driving a commercial vehicle for 1 year, if you are convicted for your BAC being higher than 0.04%.
• You will be barred from driving a commercial vehicle for at least 3 years, if you are convicted for your BAC being higher than 0.04% while transporting hazardous materials.
• You will be barred from driving a commercial vehicle for life if you are convicted for any of these offenses for the 2nd time.
• If there is any detectable amount of alcohol in your system, even if it is under 0.04%, you will be put out-of-service for 24 hours.
• Aside from these actions, penalties mentioned above for drivers over 21, may also apply to commercial drivers for their 1st and 2nd offenses of DUI/DWI. The other penalties do not apply since they are barred after the second offense.

Administrative action against DUI/OWI comes into immediate effect and is apart from any criminal action, which is decided by the courts. You don’t have the right to talk to a lawyer before you take a chemical test to determine your BAC level. Your 1st offense will result in a mandatory revocation of license for 180 days and a 2nd offense within 10 years may result in a license revocation of up to 2 years. If you refuse to take a chemical test your license may be suspended for up to 1 year. You may apply for a probationary license after a 30-day suspension period but you may have to install an ignition interlock device before you can get one. You are entitled to an administrative hearing but it is a good idea to consult a DUI/DWI lawyer before you schedule a hearing.

If you are convicted of DUI/DWI, it will result in your license being suspended or revoked. This means that your driving privileges will be taken away and you will need to apply for a reinstatement of your license with the Bureau of Motor Vehicles, once the period of suspension or revocation is over.

• To complete the reinstatement requirements, you must pay the reinstatement fee ($130 for the 1st offense, $225 for the 2nd and $300 for the 3rd or subsequent offense), and maintain proof of financial responsibility for 3 years from the date of suspension/revocation by filing SR-22 from your insurer.
• If you are being convicted for a 2nd time, it is mandatory for the court to order an ignition interlock device to be placed for breathalyzer tests on any vehicle you drive.
• Reinstatements must be processed at reinstatement centers. Reinstatement applications cannot be processed by mail or phone. Contact your local BMV office for more information.