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Fight Indiana DUI Penalties By Making DUI & OWI Laws in Indiana Work For You
The First Rule Of DUI Laws in Indiana: Contact and discuss your case with an Indiana Drunk Driving Laws & Penalties Attorney immediately. We are here to help you understand DUI Laws in Indiana. More importantly, it is our job to use Indiana Drunk Driving laws to protect you from unnecessary legal harm. One mistake good people make when reviewing Indiana DUI Penalties is to believe that the minimum punishment allowable will simply be made available to them if admitting guilt. Do Not Make This Mistake.
When charged with an Indiana Drunk Driving offense a Prosecutor's Job is to Punish. It is often only the skill of an experienced Indiana DUI Penalties Attorney that can best use DUI Laws in Indiana to your advantage and protect you when you need us most. To do this you must be pro active in working with an attorney as You Have Time Sensitive Deadlines To Protect Your Rights.
Attorneys ask me the same questions on DUI Laws in Indiana as clients do. With that in mind, I have provided an outline of Indiana Drunk Driving Laws & Penalties (sometimes also referred to as Indiana DWI Laws or Indiana OWI Laws) below for your review. Below my summary of Indiana Drunk Driving Laws & Penalties you may click on the DUI laws in Indiana link to review the actual Indiana DUI Law statutes. If needing answers to common DUI questions ranging from DUI Arrests & Procedure to Field Sobriety Testing, I encourage you to click on the Indiana DUI Attorney link for further information.
OUTLINE OF DUI OWI DRUNK DRIVING LAWS AND PENALTIES IN INDIANA:
Operating Motor Vehicle While Intoxicated (Class A Misdemeanor)
0 to 365 days in jail within applicable county jail facility. Up to 365 days probation and five thousand ($5,000) fine not including court costs, probation costs and mandatory state imposed fees. Minimum of 90 day license suspension to maximum of 2 year license suspension. A Class A Misdemeanor includes the offense of Operating a Motor Vehicle at or above a BAC of .15 or higher. A "Probationary License" may be made available to one with no prior dui convictions who has not "refused" a BAC test request. Such a court ordered suspension can only take effect after thirty days of a straight drivers license suspension has been served and once the court case has been concluded. Thereafter, upon satisfaction of court and Indiana Bureau of Motor Vehicle requirements, one may operate a motor vehicle for work, education and/or court ordered requirements only for one hundred eighty days.
Operating a Motor Vehicle With a BAC between .08 and .15 is considered a "lesser offense" of the crime of Operating a Motor Vehicle While Intoxicated. Such an offense is considered a Class C Misdemeanor. The maximum sentence on a Class C Misdemeanor is 60 days in jail with up to a five hundred ($500) fine. All other Indiana DUI penalties apply.
In addition to court ordered drivers license suspension, an Indiana DUI conviction is considered a "Major Moving Violation" by the Indiana Bureau of Motor Vehicles. One major moving violation (ex. DUI, Driving While Suspended, Reckless Driving) in combination with nine "minor" moving violations (ex. Speeding) within the prior ten (10) years will result in a determination that one is a "Habitual Traffic Violator" (HTV) by the Indiana Bureau of Motor Vehicles. As a result, in such a circumstance, an additional five year drivers license will be imposed on top of any court ordered drivers license suspension.
Before pleading guilty to an Indiana DUI make sure that you are aware of this additional potential HTV suspension that may be imposed by the Indiana Bureau of Motor Vehicles.
Operating Motor Vehicle While Intoxicated With Prior DUI Conviction Beyond 5 years (Class A Misdemeanor)
Minimum of ten day sentence (five day actual less any time served) in applicable county jail facility or 180 hours community service work to maximum one year jail term. If prior DUI conviction beyond five years but within ten years, minimum drivers license suspension of 180 days to maximum of two years.
As discussed above, two major moving violation DUI convictions in combination with eight minor moving violations will result in an additional five year (HTV) license suspension by the Indiana Bureau of Motor Vehicles.
Operating Motor Vehicle While Intoxicated With Prior Within 5 Years (Class D Felony)
Minimum jail sentence of 180 days in county jail facility to maximum three years prison sentence within applicable Indiana Department of Correction facility. Presumptive or "average" sentence of one and one half years in prison. Up to three years probation and ($10,000) fine not including court costs, probation coasts and mandatory state imposed fees. Minimum of one year court imposed driver's license suspension to maximum 2 year license suspension. If no prior felony conviction within three years of the second felony DUI, the minimum six month sentence can be suspended with eligibilty for minimum of 10 days/180 hours community service work.
If one has been sentenced to a D Felony DUI with a prior within five years, and has at least one other DUI conviction, the six month jail sentence cannot be suspended. In such circumstances one may be legally eligible for a Work Release sentence or House Arrest in lieu of jail upon negotiation of defense attorney and prosecutor and if certain conditions have been met for approval. If one convicted of felony DUI has not recieved such treatment before or within three years of new offense, the felony may be reduced to a Class A Misdemeanor under Alternative Misdemeanor sentencing provisions of Indiana law. If a felony DUI has been reduced under such a provision for one with 2 prior dui convictions, it is legally possible to have the minimum six month jail term reduced to 20 days or 360 hours community work service.
Operating Motor Vehicle While Intoxicted With Two Prior DUI Convictions (Habitual Substance Offender Eligible)
If one has been charged with Operating a Motor Vehicle While Intoxicated with two or more prior convictions, the designated prosecutor has the ability to enhance the punishment available for the third offense through the filing of what is called a Habitual Substance Offender Enhancement. Such an enhancement may require a minimum 3-8 year prison sentence on top of the penalty for the underlying DUI conviction. Should the "HSO" not be filed, the above referenced Indiana DUI penalty provisions would apply.
In addition to court ordered drivers license suspension, one found to have accumulated three DUI major moving violation convictions within a ten year period will be determined to be 10 year Habitual Traffic Violator by the Indiana Bureau of Motor Vehicles. As a result, an additional ten year drivers license suspension will be imposed on top of any court ordered license suspension in such a circumstance.
Before considering pleading guilty to a third time DUI, make sure that you are aware of this additional ten year HTV license suspension that may be imposed by the Indiana Bureau of Motor Vehicles in addition to the court ordered suspension mentioned in any written plea agreement.
Indiana Refusal Suspensions to Indiana Drivers Licenses
If it has been detemined by an Indiana court of law by a "Preponderance of Evidence" (less than the "Beyond Reasonable Doubt" standard to be found guilty of an Indiana DUI) that one refused to submit to a test for intoxication, the Indiana Bureau of Motor Vehicles will suspend one's license for a minimum of one year with no eligibility for a probationary license on top of court ordered suspension imposed.
As a result, one can be found not guilty of an Indiana DUI criminal charge yet still suffer a mandatory license suspension if a refusal has been determined. This is so because it would be the Indiana Bureau of Motor vehicles and not the court that would be suspending the license. If one has two or more prior convictions and is found to have refused a test for intoxication, a minimum two year license suspension would be imposed on top of any applicable court ordered suspension.
Should a plea agreement be negotiated by an Indiana DUI attorney and prosecutor, it is critical that an attempt at "terminating" this refusal suspension be noted within any plea agreement. Failure to do so has resulted in far too many people suffering additional license suspensions they were not aware would be imposed.
Please know that there are other case sensitive types of charges not addressed here (Operating Motor Vehicle While Intoxicated Resulting in Serious Bodily Injury or Death, With Minor in Vehicle, etc.) To discuss any potential Indiana DUI charges simply give us a call or click on DUI Laws in Indiana to review the Indiana DUI Statutes.
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