Many people know that if they operate a vehicle and they are intoxicated due to drugs or alcohol they are breaking the law and could be faced with pretty serious consequences. A DUI charge is one of these offenses that can affect multiple aspects of your life, especially when your ability to drive has been stripped. Our licenses and vehicles are generally a lifeline to many daily activities, which usually include the ability to travel to and from work. In this article, we will be discussing the penalties for DUI in Indiana, and how our DUI defense attorney in Fishers from DUI Lawyer Indianapolis is here to help you should you be facing a charge for a DUI or an OWI.
What Is The Blood Alcohol Content (BAC) Limit In The State Of Indiana?
In Indiana, similar to just about every other state based in the U.S., the legal alcohol consumption level is set at 0.08% BAC, which stands for blood alcohol concentration. This level measures ethanol (the weight of alcohol) in grams per 100 milliliters of blood. BAC also stands for “blood alcohol concentration” and this concentration will be measured using grams per 210 liters of breath. This typically refers to a breathalyzer test.
BAC is generally the agreed method to find an accurate way of measuring intoxication in a person, rather than the number of alcoholic drinks a person has consumed. There is a significant range of drink sizes and the way alcohol affects each person. This is why the size of drinks alone is not regarded as a suitable assessment.
What Penalties Could I Face For A DUI In Indiana?
Different levels of DUI charges can warrant different DUI penalties.
The authorities in Indianapolis, IN are not hesitant when it comes to charging any person that displays signs of impairment caused by alcohol or drugs. However, when the BAC is lower than the established threshold, they will require concrete evidence. BAC records are the only evidence needed to charge a driver when their BAC has exceeded 0.08%.
The BAC limit reduces to 0.04% for commercial drivers or 0.02% for drivers that are under the age of 21. Drivers that are under the age of 21 that are caught with BACs between 0.02% – 0.08% could be faced with something known as a “Class C infraction charge” or a maximum fine of $500.
Every driver that is caught intoxicated can risk a suspension on their driver’s license for up to 180 days (for a first offense). Repeat offenders risk losing their driver’s license or driving privileges on a permanent basis. With the assistance of a skilled DUI lawyer, drivers in Indianapolis might succeed in retaining their licenses. They may also be able to file for what is known as a “hardship license” that would allow the driver to travel to their place of work and then home again.
The courts will usually request the installation of an ignition interlock device on their vehicles. This is a device that requires a driver to blow into the device to establish their BAC level. If the device detects alcohol, the person will not be able to start their car.
Drivers of commercial vehicles are not afforded any special allowances. If they are pulled over and found to have a BAC of 0.04% or higher they will risk a suspension on their license for up to a year. This period can increase to three years if it was found that the driver was carrying hazardous materials.
Refusing a BAC test is not usually an option. The “implied consent” law in Indiana, foresees a suspension of 1 year on a license for first-time offenses. A repeat offender will have their license suspended for 2 years. Depending on their BAC, or any other criminal-related driving records, an intoxicated driver risks harsh criminal penalties.
• BAC between 0.08% and 0.15%
This is an offense that typically qualifies for a Class C misdemeanor. These penalties can include a fine of $500 and a maximum of 60 days in jail.
• BAC of 0.15% or higher
This is an action that will qualify as a Class A misdemeanor. The defendant could risk a fine of up to $5,000 and 1 year in jail.
These penalties and charges often become more severe if aggravating factors are present, such as:
- Causing death or bodily injuries
- Having one or more prior DUI convictions
- Driving with minors in the vehicle
The maximum penalty for a DUI in Indianapolis is associated with Level 4 Felony charges. This usually includes a fine of up to $10,000 and jail time of up to 12 years. A DUI defense attorney in Fishers, IN can often make a huge difference between jail sentences and freedom.
Can I Refuse A Breathalyzer Test In The State Of Indiana?
Indiana is a state that uses “implied consent law“. This means that drivers agree to a breath or blood test when driving on roads in Indiana when a police officer suspects that they are DUI (driving under the influence).
If you decide to refuse a chemical test, such as a breathalyzer, you risk a suspension on your license for up to a year. If you have prior OWI convictions, your license may be suspended for as long as two years. At the same time, if you have lost your license in this way, you won’t be able to apply for a “hardship license”.
What Is Regarded As A Felony DUI In The State Of Indiana?
Many people are interested in finding out “When is a DUI regarded as a felony in Indiana?” In general, a DUI first offense will be classified as a misdemeanor. However, first-offense DUIs can turn into a felony DUI in Indiana, when a person:
- Kills or seriously injures another person while they were DUI (driving under the influence)
- Is driving intoxicated with minors in the car (children under the age of 18)
- Has a prior DUI or OWI conviction in the last 7 years
The penalties relating to a Felony DUI in Indiana are a lot more severe. While a misdemeanor DUI conviction may put you at risk of spending some time in jail and a fine, convictions for felony DUIs in Indiana could result in these consequences:
- A prison sentence of up to 2 and 1/2 years for a Level 6 Felony
- A felony will go on your record
- Longer probation and higher fines when compared to misdemeanor convictions
- Suspension of your driver’s license in Indiana
- Court-ordered participation in either an alcohol or drug rehabilitation program
What Are The Common Defenses In DUI Cases In Fishers, IN?
If you have been charged and arrested for a crime relating to Driving Under the Influence of Drugs Or Intoxicating Liquor (DUI), you are probably already aware that you are facing a very serious offense. You could risk losing your driver’s license and face mandatory jail time and fines. The task might seem daunting but a DUI case is defensible. The attorneys at DUI Lawyer Indianapolis can assist you with identifying issues that are unique to the case and pinpointing the best DUI defenses available. Here are some of the examples of defenses that lawyers use in DUI cases:
- The suspect was not provided with the opportunity to contact a lawyer during the DUI investigation
- When it was illegal to stop the vehicle or person (lack of probable cause) – A driver is not allowed to be pulled over unless a police officer has either an articulate or reasonable basis to assume that traffic laws or any other law were violated.
- Field Sobriety test is invalid or inaccurate
- No evidence of the suspect being in physical control of or driving the vehicle
- Challenging the accuracy relating to chemical tests
How Can A DUI Defense Attorney In Fishers Help Me?
A DUI defense attorney can be useful to you in several ways. These lawyers are experienced in investigating cases to find a way to defend the actions of their clients. While your lawyer might not be able to get all your charges dismissed, they will work hard on getting your penalties reduced.
To persuade a jury or the judge, you are going to need a lawyer with excellent negotiation skills. DUI Lawyer Indianapolis, has a team of adept criminal DUI lawyers, with years of experience in defending clients that have been charged with DUIs. From the start to the finish, we will always make sure your best interests are a priority. To schedule a complimentary consultation in Fishers IN, call us at 317-517-9002.
Get A Professional And Well-Seasoned DUI Lawyer In Indiana On Your Side
If you were recently arrested for DUI, we highly suggest reaching out to DUI Lawyer Indianapolis. Our team of highly-skilled defense lawyers in Fishers has assisted countless clients facing DUI/OWI charges. Our attorneys are well-versed when it comes to each aspect of Indiana DUI law. To get the help and advice that you need, feel free to contact us today to schedule your initial consultation with one of the members of our knowledgeable, compassionate, and reliable team.
Call us now at 317-517-9002
