Indiana Drunk Driving Laws
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Although federal law states that any person who has a blood alcohol content (BAC) of 0.08% is legally intoxicated and therefore unable to safely operate a vehicle, it is up to state lawmakers to determine the specific BAC limits in a particular area. In Indiana, it is against the law for individuals 21 and over to drive with a BAC of 0.08% or more, while underage motorists and commercial drivers must abide by even lower alcohol limits.
Since it is illegal for anyone under 21 to purchase alcohol, Indiana law prohibits minors from operating a vehicle with a blood alcohol content of 0.02% or more. As a result, an underage driver can be arrested for DUI if there is even a small amount of alcohol in his or her system. Similarly, commercial vehicle operators may also face criminal charges for driving with a BAC of 0.04% or higher.
Regardless of age or license classification, all Indiana drivers must comply with the state’s “Implied Consent Law,” a legal requirement that allows law enforcement officers to use chemical testing methods to calculate a driver’s BAC. Under this law, any driver who is suspected of DUI must allow an officer to perform a breath, blood, or urine test in order to determine his or her level of impairment. If you refuse to take the test, or your results indicate you have an illegal amount of alcohol in your system, you can expect to be arrested and charged with driving under the influence.
The exact penalties for DUI charge depend primarily upon your prior history of drunk driving. While a first offense is considered a misdemeanor, a second DUI charge is a felony offense. This means that, if you were found guilty of drunk driving in the past, a second conviction will carry much tougher penalties than before.
For example, while the maximum sentence for a first DUI conviction includes a 60-day jail sentence, $500 fine, and 2-year license suspension, a second offense can cost as much as $10,000 in fines and include up to a 3-year jail sentence and 2-year license suspension. What’s more, because convicted felons are unable to purchase firearms, vote, and travel outside the country, a subsequent DUI arrest will also jeopardize a number of your everyday freedoms—and if you are convicted for a third time, the punishment will only increase from there. You may also face enhanced penalties if you are arrested with a BAC above 0.14%.
As you can see, an Indiana drunk driving conviction is no laughing matter. If you were recently arrested, it is important to obtain legal representation immediately in order to avoid a guilty verdict in DUI court. To put a skilled DUI defense attorney to work on your case, submit your information online today and schedule a free, no-obligation consultation with a drunk driving legal expert in your area.
