DWI/DUI - Drunk Driving Laws And Attorneys In Indiana
| A comprehensive guide to drunk driving laws, penalties, fines and attorneys. |
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Indiana DUI - Impaired Driving Laws/Penalties
State Statutes (IC 9-30-5) Chapter 5. Operating a Vehicle While
Intoxicated
(Indiana Code 9-30-5-1) An motor vehicle operator whose alcohol
concentration is greater than or equal to .08 grams and less than .15
grams of alcohol per 100 milliliters of blood or 210 liters of breath
commits a Class C Misdemeanor. Driving with any schedule I or II
substance as defined by IC 25-48-2 (such as marijuana,
methamphetamine or cocaine) or its metabolite in his/her body commits
a Class C Misdemeanor, punishable by up to 60 days in prison and up
to a $500 fine.
A motor vehicle operator whose alcohol concentration is greater than or
equal to .15 grams per 100 milliliters of blood or 210 milliliters of breath
commits a Class A Misdemeanor. Class A Misdemeanors are
punishable by up to one year in prison and up to a $5000 fine.
(Indiana Code 9-30-5-2) An motor vehicle operator who, while driving
under the influence of drugs or alcohol endangers a person (including
him/her self) commits a Class A Misdemeanor punishable by up to one
year in prison and up to a $5000 fine.
(Indiana Code 9-30-5-3) A second violation of IC 9-30-5-1 or IC 9-30-5-2
is a Class D Felony if there has been a previous conviction within the
past five years of the current violation. Class D Felonies are punishable
by a fine of up to $10,000 and up to 3 years in prison.
(Indiana Code 9-30-5-4) A individual that causes serious bodily injury to
another person while operating a motor vehicle with an alcohol
concentration of .08 grams or more per 100 milliliters of blood or 210
liters of breath, or has a schedule I or II substance or its metabolite in
his/her body, commits a class D Felony. If there has been a previous,
unrelated conviction within the past five (5) years for operating a vehicle
while intoxicated it is a Class C Felony; punishable by up to eight years
in prison and up to $10,000 in fines. It is a separate offense for each
person injured by the impaired operator.
(Indiana Code 9-30-5-5) A motor vehicle operator who kills another
person with an alcohol concentration of .08 or more, or with a controlled
schedule I or II substance or its metabolite in his/her body, commits a
Class C Felony punishable by up to eight years in prison and up to
$10,000 in fines. If the driver who kills another person has a previous
conviction within the previous five years the penalty is a Class B Felony;
punishable by up to 20 years in prison and up to $10,000 in fines. It is a
separate offense for each person killed by the violation.
(Indiana Code 9-30-5-8.5) If you are under 21 years of age and drive a
motor vehicle with a blood alcohol content between 0.2-0.8, you will be
fined up to $500 and your license suspended for up to 1 year.
State laws are constantly changing. Please contact an attorney or
conduct your own legal research to verify the state law(s) you are
researching.
State Statute Related To Implied Consent Law
(Implied consent law Indiana Code 9-30-6-1) If you refuse to take a
certified breath test, your license will automatically be suspended for
one year.
If you take a breath test and it shows that your blood alcohol content is .
08% or more, your driver’s license will be suspended for a minimum of
30 days.
DUI Convictions
First Offense
1) You will have to pay court costs and fees that may exceed $300.00.
2) You could receive a jail sentence of up to one year.
3) You will face up to a $5,000 fine.
4) Your license might be suspended up to two years, or
5) You might be placed on probation and be required to enroll in, and
pay for, a substance abuse education course. Your license could also
be suspended for a minimum of 30 days followed by a 180-day
probationary period in which you can drive for employment purposes
only.
6) You may be required to have an Ignition Interlock Device installed on
your car.
7) You might be required to attend a victim impact panel.
8) You might be required to submit to urine testing for drugs and alcohol.
9) You could also face other terms of probation.
Second Offense
1) You will be place in jail for a minimum of five days or up to three
years, and/or be required to community service.
2) You will face up to a $10,000 fine.
3) Your drivers license will be suspended at least 180 days and up to
two years.
4) You might be placed on probation and be required to enroll in, and
pay for, a substance abuse education course.
5) You might be required to have an Ignition Interlock Device installed on
your car.
6) You might be required to attend a victim impact panel.
7) You might be required to submit to urine testing for drugs and alcohol.
8) You might also face other terms of your probation period.
Third Offense
1) You can be imprisoned for a minimum of ten days and up to three
years and/or be required to perform community service.
2) You can be fined up to $10,000
3) Your license will be suspended for at least one year and may be
suspended for up to ten years.
4) You may be adjudged as a habitual traffic violator.
5) You may be charged and sentenced as a habitual substance
offender, for which you may be imprisoned for an additional term of one
(1) year and up to an additional eight (8) years.
6) You may be placed on probation and be required to enroll in, and pay
for, a substance abuse education course.
7) You may be required to have an Ignition Interlock Device installed on
your vehicle.
8) You might be required to attend a victim impact panel.
9) You might be required to submit to urine testing for drugs and alcohol.
10) You might also face other terms of your probation period.
Driving Under Suspension
State Statutes (IC 9-30-5) Chapter 5. Operating a Vehicle While
Intoxicated
(Indiana Code 9-30-5-1) An motor vehicle operator whose alcohol
concentration is greater than or equal to .08 grams and less than .15
grams of alcohol per 100 milliliters of blood or 210 liters of breath
commits a Class C Misdemeanor. Driving with any schedule I or II
substance as defined by IC 25-48-2 (such as marijuana,
methamphetamine or cocaine) or its metabolite in his/her body commits
a Class C Misdemeanor, punishable by up to 60 days in prison and up
to a $500 fine.
A motor vehicle operator whose alcohol concentration is greater than or
equal to .15 grams per 100 milliliters of blood or 210 milliliters of breath
commits a Class A Misdemeanor. Class A Misdemeanors are
punishable by up to one year in prison and up to a $5000 fine.
(Indiana Code 9-30-5-2) An motor vehicle operator who, while driving
under the influence of drugs or alcohol endangers a person (including
him/her self) commits a Class A Misdemeanor punishable by up to one
year in prison and up to a $5000 fine.
(Indiana Code 9-30-5-3) A second violation of IC 9-30-5-1 or IC 9-30-5-2
is a Class D Felony if there has been a previous conviction within the
past five years of the current violation. Class D Felonies are punishable
by a fine of up to $10,000 and up to 3 years in prison.
(Indiana Code 9-30-5-4) A individual that causes serious bodily injury to
another person while operating a motor vehicle with an alcohol
concentration of .08 grams or more per 100 milliliters of blood or 210
liters of breath, or has a schedule I or II substance or its metabolite in
his/her body, commits a class D Felony. If there has been a previous,
unrelated conviction within the past five (5) years for operating a vehicle
while intoxicated it is a Class C Felony; punishable by up to eight years
in prison and up to $10,000 in fines. It is a separate offense for each
person injured by the impaired operator.
(Indiana Code 9-30-5-5) A motor vehicle operator who kills another
person with an alcohol concentration of .08 or more, or with a controlled
schedule I or II substance or its metabolite in his/her body, commits a
Class C Felony punishable by up to eight years in prison and up to
$10,000 in fines. If the driver who kills another person has a previous
conviction within the previous five years the penalty is a Class B Felony;
punishable by up to 20 years in prison and up to $10,000 in fines. It is a
separate offense for each person killed by the violation.
(Indiana Code 9-30-5-8.5) If you are under 21 years of age and drive a
motor vehicle with a blood alcohol content between 0.2-0.8, you will be
fined up to $500 and your license suspended for up to 1 year.
State laws are constantly changing. Please contact an attorney or
conduct your own legal research to verify the state law(s) you are
researching.
State Statute Related To Implied Consent Law
(Implied consent law Indiana Code 9-30-6-1) If you refuse to take a
certified breath test, your license will automatically be suspended for
one year.
If you take a breath test and it shows that your blood alcohol content is .
08% or more, your driver’s license will be suspended for a minimum of
30 days.
DUI Convictions
First Offense
1) You will have to pay court costs and fees that may exceed $300.00.
2) You could receive a jail sentence of up to one year.
3) You will face up to a $5,000 fine.
4) Your license might be suspended up to two years, or
5) You might be placed on probation and be required to enroll in, and
pay for, a substance abuse education course. Your license could also
be suspended for a minimum of 30 days followed by a 180-day
probationary period in which you can drive for employment purposes
only.
6) You may be required to have an Ignition Interlock Device installed on
your car.
7) You might be required to attend a victim impact panel.
8) You might be required to submit to urine testing for drugs and alcohol.
9) You could also face other terms of probation.
Second Offense
1) You will be place in jail for a minimum of five days or up to three
years, and/or be required to community service.
2) You will face up to a $10,000 fine.
3) Your drivers license will be suspended at least 180 days and up to
two years.
4) You might be placed on probation and be required to enroll in, and
pay for, a substance abuse education course.
5) You might be required to have an Ignition Interlock Device installed on
your car.
6) You might be required to attend a victim impact panel.
7) You might be required to submit to urine testing for drugs and alcohol.
8) You might also face other terms of your probation period.
Third Offense
1) You can be imprisoned for a minimum of ten days and up to three
years and/or be required to perform community service.
2) You can be fined up to $10,000
3) Your license will be suspended for at least one year and may be
suspended for up to ten years.
4) You may be adjudged as a habitual traffic violator.
5) You may be charged and sentenced as a habitual substance
offender, for which you may be imprisoned for an additional term of one
(1) year and up to an additional eight (8) years.
6) You may be placed on probation and be required to enroll in, and pay
for, a substance abuse education course.
7) You may be required to have an Ignition Interlock Device installed on
your vehicle.
8) You might be required to attend a victim impact panel.
9) You might be required to submit to urine testing for drugs and alcohol.
10) You might also face other terms of your probation period.
Driving Under Suspension
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