In the state of Indiana, a motorist can be slapped with an OWI (operating while intoxicated) charge or conviction when they are caught driving with a BAC (blood alcohol concentration) of 0.8% or more.
Almost every person that is charged with driving drunk will be incarcerated after they are arrested. While it is not always possible to avoid time in jail after your OWI arrest, there are steps you can take to avoid other stringent consequences relating to your conviction and added time in custody. The best advice is to contact a DUI Lawyer in Indianapolis as soon as possible. The earlier your lawyer can start working on the case, the more you improve the likelihood of getting your case dismissed, reduced, or even proving that you are innocent.
Here is a basic explanation of the Indiana DUI penalties.
What Are The Sentencing Factors In The State Of Indiana?
Aggravating factors are details or circumstances that can make a crime committed more serious. As a result, penalties for that crime can become a lot harsher when there are one or more aggravating factors present. In Indiana, aggravating factors for DUI are classified as either aggravating factors or grossly aggravating factors.
Aggravating Factors
In the state of Indiana, aggravating factors for DUI/OWI include:
- Dangerous or reckless driving
- The person’s ability to drive was grossly impaired
- An alcohol concentration of .15 or more (shortly after the DUI offense)
- Driving on a suspended or revoked driver’s license
- A second OWI within 7 years from the last one
Grossly Aggravating Factors
A grossly aggravating factor can cause the penalties for OWI/DUI to become much more severe. Some of these include:
- Driving under the influence with underage passengers (under the age of 18)
- Previous aggravated DUI convictions
- OWIs involving serious bodily injuries or death
- Driving with a license that was revoked for a previous DUI offense
Each prior DUI conviction is usually regarded as a separate grossly aggravating factor when it comes to sentencing.
Mitigating Factors
In some cases, there are circumstances and factors that can assist in reducing the consequences relating to a DUI conviction. These include:
- Slight impairment (caused only by alcohol) where the BAC of the driver does not exceed .09%
- The conduct of the driver was lawful and safe for their impairment
- The defendant has demonstrated a driving record that is safe prior to their DUI/OWI offense
- After the DUI offense, the defendant voluntary submits to going to a mental health facility
- The defendant voluntarily completes a treatment program for substance abuse after the DUI offense
What Are The DUI Sentencing Levels In Indiana?
One of the first questions many drivers arrested for DUI in Indiana asks about are the consequences or potential penalties should they be found guilty. The answer relating to these common questions will depend on these two questions:
- How Were You Charged For Your DUI?
- Do You Have Any Prior DUIs in Indiana?
DUIs in Indiana are charged as either a felony or misdemeanor based on the circumstances and facts that surround your case. But penalties can also depend on whether you have prior DUIs in Indiana.
Levels Of Potential Sentence Ranges And DUI Charges In The State Of Indiana
To begin with, if you were operating your car with a BAC of .08 to .14 or Schedule I or II metabolites present in your system, your charge could include a Class C Misdemeanor. This criminal charge is the lowest of the charges in Indiana. You can also receive a charge with OWI (operating while intoxicated) without a BAC attached, which is also classified as a Class C Misdemeanor.
However, under the DUI laws in Indiana, if you were operating a vehicle and at the time you has a BAC of .15 or higher, or you were operating your vehicle that endangered another person, your charge might move over to a Class A Misdemeanor.
If you have a prior conviction for a DUI (in the last seven years), which was changed from 5 years in 2019, or you are above the age of 21 and you had one or more passengers in your vehicle under the age of 18, your charge could include a Level 6 Felony under the DUI laws in Indiana.
If you have a prior DUI conviction that resulted in serious bodily injuries, catastrophic injury, or the death of a person, your charge could move up to a Level 5 Felony. And, when your DUI resulted in the catastrophic injury or death of other people, your charge may include a Level 4 Felony.
For reference here are the potential sentence ranges when it comes to DUI convictions in Indiana:
Level 4 Felony:
The jail sentence for a Level 4 Felony ranges between 2 to 12 years along with a $10,000 fine.
Level 5 Felony:
The jail sentence for a Level 5 Felony ranges between 1 to 6 years with a fine of up to $10,000.
Level 6 Felony:
The jail sentence for a Level 6 Felony typically ranges from 6 months to 2.5 years with a fine of up to $10,000.
Class A Misdemeanor:
For Class A Misdemeanors the jail time is between 0 days to 1 year with a fine of up to $5,000.
Class C Misdemeanors:
For Class C Misdemeanors the jail time is typically between 0 to 60 days with a fine of up to $500.
How Can A DWI Affect My Driver’s License In Indianapolis?
If you recently received an OWI or DUI in Indiana, there will be a suspension placed on your license. You may be eligible for limited driving based on your situation. This is why you need a skilled and knowledgeable DUI Lawyer in Indianapolis on your side.
How Long Can Your Driver’s License Be Suspended In Indiana?
An OWI or DUI can result in these situations for your driver’s license in Indiana:
Your First OWI/DUI
For first-offense DUIs in Indiana, the suspension on a driver’s license is usually up to 180 days. Depending on the factors that surround your OWI/DUI conviction, you might be granted “restricted driving” privileges. However, if you decided to refuse a breathalyzer test or any other chemical test which falls under Indiana’s implied consent law, your license will be suspended for a year.
Subsequent OWI/DUI Convictions
If this is the second time you have received a conviction for DUI/OWI, your driver’s license could be suspended for 6 months (the minimum) or up to two years (the maximum). If you have prior DUI convictions (within the last 5 years) or your drove with a revoked or suspended license caused by a DUI, this is regarded as a felony. If you have refused to take a chemical test (certified) and you have a prior OWI/DUI conviction, your license could be suspended for as long as two years.
Other Potential Consequences:
There are other non-punitive consequences of a DUI:
Suspension Of Your Driving Privileges
If your job or the way you make a living requires driving around every day, a DUI conviction could put your job in jeopardy. The laws in Indiana call for the potential of administrative suspensions of driver’s licenses for 180 days for simply failing one of the chemical tests. First-time OWI/DUI convictions can result in a suspension of your license for as long as two years. If you are a repeat offender, the suspension periods become even longer or even result in the revocation of all your driving privileges forever.
You might be able to get “special driving” privileges which usually allow you to drive your car to your work and home again, but your employer might not be interested in taking on the liability of an employee that is under “suspension” due to drunk driving. If your job requires a CDL (commercial driver’s license), a license suspension for DUI will impact your livelihood directly, since the law in Indiana does not provide probationary driving privileges for drivers with a CDL.
Impact Your Future Job Opportunities
An OWI conviction in Indiana can carry on affecting your employment or job opportunities well after your license suspension or jail term. When you start looking for new employment opportunities, you will have a drunk driving conviction that will come up in background checks conducted by potential employers. Most employers view OWI convictions as highly unfavorable traits in an employee. At the same time, employers that are looking for workers to drive a company vehicle or operate machinery would probably be a lot more hesitant to hire a person that has prior DUI/OWI convictions.
Allow An Experienced DUI Lawyer in Indianapolis To Defend Your Interests
Have you just been charged with a DUI? This type of conviction could ruin your reputation and your life. You will need a reputable and experienced DUI attorney in Indianapolis to help defend you. At DUI Lawyer Indianapolis, we are here to help. Call 317-517-9002 today, or complete our online form, and allow us to find the best way to go about avoiding some of those harsh penalties associated with your DUI and to help you to secure your future.