Indiana DUI laws are classified as OWI or Operating a Vehicle while Intoxicated under Indiana law section § 9-30-5 Operating a vehicle while intoxicated.
In Indiana, there are two ways that a person may be found to be in violation of Indiana’s DUI law: the first is for being in violation of Indiana’s ‘per se’ law, which states that it is against the law for any person to operate a motor vehicle while under the influence of alcohol, drugs or an intoxicant with a blood alcohol level of .08% or greater.
The 2nd way is to be charged with DUI/OWI in Indiana even if your BAC level is below the legal limit. If by the arresting officer’s observation of the driver’s behavior before or during the stop or the field sobriety tests indicate signs of impairment, the arrest of the driver may take place.
Upon being arrested for DUI/OWI in Indiana, the arresting officers will confiscate your driver’s license and suspend or revoke it depending on if this was a first offense or a second or subsequent offense and include it with their report and any evidence against you to the Indiana Bureau of Motor Vehicles. You have just 10 days from the date of the arrest to request an administrative hearing to contest your suspension or revocation.
Restricted Indiana Requirements for DUI/OWI Convictions:
If you are convicted of a first-time offense OWI in Indiana, your driver’s license will be suspended for 180 days. A second or subsequent conviction within the previous five years can result in a driver’s license suspension for up to two years. In addition, you may be required to pay a fine, serve jail time, attend alcohol counseling or treatment programs and install an ignition interlock device.
Indiana is also one of 34 states that have enacted “implied consent” laws. This means that by driving on Indiana roads, you automatically give your implied consent to chemical testing if arrested for DUI/OWI in Indiana. Refusal to comply with chemical testing can result in an automatic suspension of your driver’s license for one year as well as other potential penalties.
It is important to remember that DUI/OWI laws are complex and ever-changing, so it is essential to stay informed of the latest developments and consult with a qualified Indiana DUI lawyer as soon as possible if you or a loved one is charged with DUI/OWI in Indiana.
What constitutes endangerment under the Indiana DUI laws?
Under Indiana law, if a person operates a vehicle while under the influence of drugs or alcohol and their ability to safely drive is impaired to an extent that puts another person in imminent danger, they can be charged with endangerment. Endangerment is considered more serious than other DUI charges and carries more significant penalties such as increased fines, longer license suspension, and even jail time. Indiana also has a “zero tolerance” policy which means if you are found to have any measurable amount of alcohol in your system while operating a vehicle, you can be charged with endangerment.
Sentence ranges for DUI convictions in Indiana:
| Level/Class | Sentences (Min. – Max.) | Advisory Sentence | Potential Fine |
| Level 4 Felony | 2 years – 12 years | 6 years | $0 – $10,000 |
| Level 5 Felony | 1 year – 6 years | 3 years | $0 – $10,000 |
| Level 6 Felony | 6 months – 2.5 years | 1 year | $0 – $10,000 |
| Class A Misdemeanor | 0 days – 1year | $0-$5,000 | |
| Class C Misdemeanor | 0 days – 60 days | $0 – $500 |
Indiana’s Habitual Vehicular Substance Offender Statute (HVSO)
Indiana’s Habitual Vehicular Substance Offender (HVSO) statute is designed to punish those who have been convicted of two or three or more DUI offenses within a 10-year period. It carries with it significant penalties including longer jail sentences and permanent license suspension. An individual charged under HVSO must demonstrate that they pose no danger to the public and are capable of abstaining from alcohol in order to be eligible for reinstatement.
HVSO sentencing enhancement requires an extra 1 year to 8 years of imprisonment on a sentence if a person is convicted of the new DUI.
So even if a person is convicted of a Class C Misdemeanor DUI (60 days of jail in Indiana), they are now facing a potential 1- 8 years of prison time on top of that 60 days.
If you have been charged with DUI or endangerment in Indiana, it is important to understand your rights and seek legal counsel from an experienced DUI attorney. Doing so can help ensure that your rights are protected throughout the process.
Indiana First Offense DUI Penalties
Most First Offense DUI’s in Indiana are considered misdemeanors and carry the following penalties:
- Jail Time: Up to a year in jail
- Fines: Minimum of $500 and maximum of up to $5,000
- License Suspension: 180 days with the possibility of a 1-year extension if a person refuses to take a chemical test or has an BAC over 0.15%.
- Ignition Interlock Device: Installed on the driver’s vehicle for one year at their own expense.
- Vehicle Impoundment: A vehicle may be impounded for up to 6 months.
- Driving Safety Course: Attendance at a certified alcohol and drug safety course is mandatory.
- Restricted License: A restricted license may be granted after 90 days of suspension, if the offender attends a certified alcohol and drug safety program.
- Probation: Up to 1 year of probation with additional restrictions such as no drinking or possession of alcohol, community service and/or counseling.
- Community Service: Mandatory community service of up to 100 hours.
- Alcohol Evaluation/Treatment: Mandatory alcohol evaluation and treatment, if necessary.
In addition to these penalties, a conviction for DUI can have long-term consequences such as increased insurance rates, difficulty obtaining certain jobs or professional licenses, and a criminal record that can follow you for years.
Thus, it is important to speak with an experienced Indiana DUI/OWI attorney as soon as possible if you or a loved one has been arrested for driving under the influence in Indiana. An experienced attorney can help protect your rights and minimize the potential penalties associated with a DUI/OWI conviction.
Indiana Second Offense DUI Penalties
Most Second Offense DUI’s in Indiana are considered misdemeanors and carry the following penalties:
- Jail Time: Up to three years in jail
- Fines: Minimum of $1,000 and maximum of up to $10,000
- License Suspension: A minimum of one year and a maximum of two-year suspension.
- Ignition Interlock Device: Installed on the driver’s vehicle for two years at their own expense.
- Vehicle Impoundment: A vehicle may be impounded for up to 12 months.
- Driving Safety Course: Attendance at a certified alcohol and drug program.
- Community Service: A minimum of 60 hours of community service may be required.
- Probation: You may be placed on probation for up to two years.
- Substance Abuse Evaluation: Completion of a substance abuse evaluation and/or treatment program at the discretion of the court.
- Vehicle Plate Impoundment: A person’s license plates may be impounded for one year upon conviction.
- Ignition Interlock Fee: An additional fee of $150.00 may be charged to cover the cost of having an ignition interlock
Indiana Third Offense DUI Penalties
Most Third Offense DUI’s in Indiana are considered felonies and carry the following penalties:
- Jail Time: Up to 2-8 years in prison
- Fines: Minimum of $1,000 and maximum of up to $10,000
- License Suspension: 2-year minimum with the possibility for lifetime revocation if a person refuses to take a chemical test or has an BAC over 0.15%.
- Ignition Interlock Device: Installed on the driver’s vehicle for three years at their own expense.
- Vehicle Impoundment: A vehicle may be impounded for up to 12 months.
- Driving Safety Course: Attendance at a certified alcohol and drug program.
- Community Service: A minimum of 180 hours of community service may be required.
- Probation: You may be placed on probation for up to two years.
- Substance Abuse Evaluation: Completion of a substance abuse evaluation and/or treatment program at the discretion of the court.
- Vehicle Plate Impoundment: A person’s license plates may be impounded for a minimum of two years upon conviction.
- Ignition Interlock Fee: An additional fee of $150.00 may be charged to cover the cost of having an ignition interlock device installed in the driver’s vehicle.
It is important to consult with a qualified Indiana DUI attorney as soon as possible if you or a loved one is charged with DUI/OWI in Indiana. The consequences of DUI/OWI can be severe and vary depending on the situation, and an experienced attorney can help you understand your legal options.
Indiana DUI Under 21 Years of Age
Indiana also has enhanced penalties in place for persons under the age of 21 who are caught operating a vehicle while intoxicated or impaired.
These penalties include:
- Jail Time: Up to one year in jail
- Fines: Minimum of $500 and maximum of up to $5,000
- License Suspension: 1-year suspension
- Ignition Interlock Device: For a period of 2 years
- Vehicle Impoundment: A vehicle may be impounded for up to 12 months.
- Driving Safety Course: Attendance at a certified alcohol and drug program.
- Community Service: A minimum of 60 hours of community service may be required
- Probation
- Vehicle Plate Impoundment: A person’s license plates may be impounded for one year upon conviction.
- Ignition Interlock Fee: An additional fee of $150.00 may be charged to cover the cost of having an ignition interlock device installed in the driver
Indiana also imposes an additional license reinstatement fee for Under 21 DUI offenses. The reinstatement fee is $480 and must be paid in full before the driver’s license will be reinstated.
Indiana also has additional penalties for DUI cases involving anyone under 21 years of age with a BAC between 0.08 and 0.15. These people can be charged with an underage DUI/OWI offense which carries a minimum sentence of one year in jail with a maximum of up to three years. Additionally, those convicted will lose their license for at least six months and have the
It’s important to note that all of the penalties mentioned above are only the base punishments for DUI offenses in Indiana and do not take into account any aggravating factors such as property damage or injury. In cases where a person has caused an accident resulting in serious bodily injury, more severe criminal charges can be applied and result in harsher consequences.
Are You Required to take DUI Classes?
In Indiana, drivers convicted of DUI must complete a certified alcohol and drug program as part of their sentence. The minimum length for these classes is 12 hours, but the court has the discretion to order up to 24 hours depending on the circumstances.
The purpose of these classes is to help individuals better understand the effects of alcohol and drugs on the body and to learn better ways of making responsible decisions. In addition, these classes are designed to help drivers become more aware of the risks associated with driving under the influence and the potential consequences that can result from it.
It is important for those convicted of DUI in Indiana to understand that failure to complete the required alcohol and drug program may result in additional fines and/or jail time.
Can you take Indiana DUI Classes Online?
Yes, in some cases you may be able to take DUI classes online. This can depend on the court’s discretion and requirements, so it is best to speak with a qualified Indiana DUI attorney to learn more about your specific situation. Online courses often cost less than traditional classroom settings and may provide an easier way for individuals to complete their required program.
However, there are certain restrictions and requirements that must be met in order for online courses to be accepted by the court. It is important to check with the court prior to enrolling in an online course.
Are you Required to have a SR22?
In certain DUI conviction cases in Indiana, the courts may require a driver to obtain an SR22 form from their insurance provider. An SR22 is also known as a financial responsibility form and it certifies to the state that you have obtained adequate auto insurance coverage for your vehicle.
The state of Indiana requires this form in order for a driver to be reinstated to have a valid driver’s license. The SR22 must be kept in force for three years from the date of conviction or until the state has received proof of cancellation of insurance. If the form lapses during this period, your license will remain revoked and your driving privileges suspended until you obtain another SR22 form.
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