Best Drunk Driving Lawyers in Indiana

About Drunk Driving Law in Indiana, United States

Drunk driving, often referred to as Operating While Intoxicated (OWI) in Indiana, is a serious criminal offense. Indiana law prohibits operating a motor vehicle while under the influence of alcohol or other intoxicants. Penalties for drunk driving in Indiana can include fines, license suspension, jail time, and the installation of an ignition interlock device. The law applies to both public and private roads and sets forth strict standards for legal blood alcohol content (BAC) levels.

Why You May Need a Lawyer

Facing a drunk driving charge in Indiana can have significant consequences for your criminal record, driving privileges, and employment opportunities. You may need a lawyer in the following situations:

• If you have been arrested or charged with OWI or DUI in Indiana.
• If you are facing enhanced penalties, such as high BAC, a minor in the vehicle, or repeat offenses.
• If you wish to challenge the legality of a traffic stop or field sobriety tests.
• If you are dealing with license suspension or revocation and need assistance restoring your driving privileges.
• If you need representation in court to negotiate plea agreements or seek alternative sentencing options.

Local Laws Overview

Indiana has specific laws related to drunk driving that everyone should be aware of:

• The legal limit for Blood Alcohol Content (BAC) is 0.08 percent for drivers age 21 and over, and 0.02 percent for drivers under 21.
• If you refuse a chemical test (breath, blood, or urine), your driver's license can be suspended for up to 2 years regardless of the outcome of your case.
• First-time offenders may face up to 60 days in jail, fines up to 500 dollars, and a license suspension of up to 180 days.
• Repeat offenders or those with high BAC levels (0.15 percent or higher) face more severe penalties including longer jail terms, higher fines, and longer license suspensions.
• Indiana has an implied consent law, meaning drivers automatically agree to submit to chemical testing when driving on Indiana roadways.
• The state may require installation of an ignition interlock device for certain offenders even before a conviction, depending on the circumstances.

Frequently Asked Questions

What is the legal BAC limit in Indiana?

The legal BAC limit in Indiana is 0.08 percent for drivers 21 or older and 0.02 percent for drivers under 21.

What happens if I refuse a breath or chemical test?

Refusing a chemical test can lead to immediate license suspension, typically for at least one year, even if you are not convicted.

Can I go to jail for a first-time OWI offense in Indiana?

Yes, a first-time offense can result in up to 60 days in jail, fines, and license suspension.

Will a DUI conviction stay on my record forever?

A DUI/OWI conviction can remain on your criminal record indefinitely, but under certain circumstances, you may be able to petition for expungement after a waiting period.

Do I need a lawyer for my OWI case?

Having a lawyer is highly recommended to help navigate the legal process, protect your rights, and seek the best outcome for your situation.

Can I get my license back after a DUI arrest in Indiana?

You may be eligible for limited driving privileges or reinstatement, but this depends on the severity of your case and prior offenses.

What if I have prior DUI convictions?

Prior DUI convictions can lead to harsher penalties, including longer jail terms, increased fines, and prolonged license suspensions.

Are there different penalties for commercial drivers?

Yes, commercial drivers face stricter BAC limits of 0.04 percent and may lose their commercial driving privileges for a first offense.

How does Indiana treat out-of-state drivers charged with DUI?

Indiana can report OWI offenses to your home state, which may also impose additional penalties on your license.

What is an ignition interlock device and when is it required?

An ignition interlock device is a breathalyzer installed in your vehicle. Certain offenders, especially repeat or high BAC offenders, may be required to use one before regaining driving privileges.

Additional Resources

If you need more information or assistance related to drunk driving in Indiana, consider reaching out to the following organizations:

• The Indiana Bureau of Motor Vehicles
• The Indiana Criminal Justice Institute
• The Indiana State Bar Association
• National Highway Traffic Safety Administration (NHTSA)
• Local county courts and probation offices

Next Steps

If you are facing a drunk driving charge in Indiana, take the following steps:

• Do not discuss your case with law enforcement or others until you have consulted an attorney.
• Gather all paperwork and information related to your arrest, including the police report and court documents.
• Contact an experienced Indiana OWI or DUI defense attorney as soon as possible.
• Attend all scheduled court dates and administrative hearings.
• Follow your attorney's advice and maintain open communication throughout your case.

Dealing with a drunk driving charge can be overwhelming, but prompt action and the right legal guidance can help you understand your options and protect your future.