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DUI Penalties Indiana: Drunk Driving Charges

Facing an OWI or DUI in Indiana? Find Out What’s At Stake in Your Drunk Driving Charges

If you are facing a DUI offense or OWI charge in Indiana for driving under the influence or operating while intoxicated, it is important to ensure that you are making informed decisions about your defense against these criminal charges. This starts with understanding what is at stake in your case. While many people wonder whether it is worth fighting their DUI or OWI, the reality is that fighting to avoid the severe penalties for a drunk driving conviction in Indiana is the least costly option in this scenario.

Facing DUI Charges or OWI Charges in Indiana Means Facing Fines, Jail Time, and Other Criminal Penalties

Under state law, the DUI penalties Indiana imposes for OWI and DUI in Indiana charges depend on several factors. This is true for both underage drivers and drivers over 21. Important factors include, but are not limited to:

  • Traffic stop showing enforcement of DUI penalties Indiana lawWhether this is your first DUI arrest or you have a previous conviction for a DUI case or other repeat offenses
  • Whether your blood alcohol concentration (BAC) was 0.15% or above and exceeded the legal limit based on testing procedures at the time of your breathalyzer test (limits of blood alcohol content change based on the legal drinking age or if the offender is a commercial driver)
  • Whether you had a minor in your motor vehicle, you caused an auto accident, or your case involves any other aggravating circumstances, such as serious bodily injury

Again, these are just examples. Various other circumstances and aggravating factors can impact the risks of facing a DUI or OWI in Indianapolis as well. Once you hire an experienced DUI penalties Indiana attorney to represent you, your attorney will be able to help you understand all relevant factors in your case.

OWI and DUI Penalties Indiana

With this in mind, to determine the specific OWI or DUI penalty in Indiana you are facing, you will need to discuss your case with a DUI attorney. Taking this into account, here is a general overview of the potential penalties for such an offense under Indiana law:

First DUI Offense or OWI Offense

A first-time DUI or OWI offense is typically classified as either a Class A or Class C misdemeanor offense. A Class C misdemeanor DUI is a lesser offense, and a potential penalty for first DUI in Indiana may include up to a $500 fine and 60 days imprisonment in county jail. However, if you are charged with a Class A offense, you face up to a $5,000 fine and 365 days in prison as a jail sentence. Along with fines and jail time, the potential penalties for a first DUI offense or OWI offense in Indiana can also include:

  • Hundreds of dollars in court costs and fees
  • Driver’s license suspension of up to two years
  • Probation with mandatory substance abuse education and urine testing involving controlled substances
  • Additional terms of probation (with probation violations carrying additional criminal penalties)
  • Ignition interlock device (IID) installation (in the judge’s discretion)

In addition to these penalties for first offense DUI, an OWI or DUI conviction can have other consequences as well. For example, a conviction can negatively impact your education, your career, or your immigration status if you are a non-U.S. citizen. Your auto insurance costs will also go up significantly, and this alone can add thousands of dollars to the costs of your DUI or OWI conviction, supported by a police report.

Second DUI Offense or OWI Offense

The types of penalties (and additional consequences) for a second offense OWI or DUI offenses are similar, but they are more severe. Generally, if you are convicted of a second DUI or OWI in Indiana, you can face Indiana OWI penalty or DUI penalty including:

  • Up to three years of prison time (with a five minimum days imprisonment and a potential option to perform community service in lieu of imprisonment)
  • Up to a $10,000 fine
  • Up to a two-year driver’s license suspension (with a mandatory minimum 180-day license suspension)
  • Probation
  • Ignition interlock device (IID) installation (in the judge’s discretion)

Again, however, these are just the standard penalties for those with a previous OWI conviction, and can increase further if probable cause exists for enhanced charges, or if you plead guilty. You could be facing other penalties as well. If your case involves any aggravating circumstances and catastrophic injuries, or if you are being charged with another offense in addition to your DUI or OWI, like refusal to take a chemical test or a felony DUI in Indiana, the risks and felony charges you are facing could be even greater.

Third DUI Offense or OWI Offense

The penalties for a third OWI or DUI in Indiana are even greater still. Along with the academic, career, financial, and/or immigration consequences discussed above, a third drunk driving conviction in Indiana can lead to penalties including:

  • Up to three years of prison time (with a 10-day minimum sentence and a potential option to perform community service in lieu of imprisonment)
  • Up to a $10,000 fine
  • Driver’s license suspended up to ten years (license suspension period up to one year minimum)
  • Probation
  • Ignition interlock device (IID) installation (in the sentencing judge’s discretion)

For a third offense, you can also be sentenced as a habitual substance offender. Under the Indiana DUI laws, this can lead to an additional prison sentence of up to eight years. You can also be classified as a habitual traffic offender, as defined by the Indiana Bureau of Motor Vehicles, and this classification carries additional consequences.

Again, these are not the only potential consequences of a DUI or OWI arrest in Indianapolis. A drunk driving arrest can also lead to an administrative suspension, and having a conviction on your criminal record will negatively impact your life for years to come. As a result, regardless of your BAC level, and regardless of whether you “failed” field sobriety testing, it will be worth putting an experienced lawyer on your side.

If You Are Facing the Consequences of an OWI or DUI Conviction, You Need an Experienced Defense Lawyer on Your Side

Given all that you have at stake, from increased criminal penalties to long-term loss of driving privileges, anyone facing an OWI or DUI charge in Indiana needs an experienced attorney. DUI penalties Indiana lawyer Stan Wruble has decades of experience in DUI and OWI laws, helping his clients accused of impaired driving avoid unnecessary consequences, maximum penalties, and question law enforcement officers’ testing procedures, and have the case dismissed. To discuss your case with Stan in a free and confidential consultation, call us at 317-597-1846 or tell us how we can contact you online today.