The DUI laws of the State of Indiana prohibit the following:
- Drivers under the age of 21 operating a motor vehicle with blood alcohol content (“BAC”) of 0.02 or higher;
- Drivers of any age operating a motor vehicle with BAC of 0.08 or higher; and
- Drivers operating a commercial vehicle with BAC of 0.04 or higher.
Penalties for a DUI conviction in Indiana include, but are not limited to, the following:
First DUI Conviction
- A first DUI in Indiana is a Class “C” Misdemeanor and carries with it jail time ranging from 30 days minimum to 60 days. This time increases to up to 1 year if BAC at the time of arrest was 0.15 or above. First-time offenders also face fines up to $500; the fines are up to $5,000 if BAC at the time of arrest was 0.15 or above. The license of first-time offenders will be suspended for up to 2 years and the Court will likely place first-time offenders on probation for up to 2 years. The court may also order community service and alcohol programs and if BAC was over 0.15, the court may also order that the driver install Ignition Interlock Device.
Second DUI Conviction
- A second DUI in Indiana is a Class “D” Felony and carries with it jail time ranging from 5 days minimum and up to 3 years. Second-time offenders will face fines up to $10,000 and license suspension with minimum of 180 days and up to 2 years. Second-time offenders will also be placed on probation for up to 2 years. The court may also order community service and alcohol and victim impact programs and if BAC was over 0.15, the court may also order that the driver install Ignition Interlock Device.
Third DUI Conviction
- A third DUI conviction in Indiana is a Class “D” Felony and carries with it jail time ranging from 10 days minimum to 3 years. Third-time offenders will also face fines up to $10,000 and license suspension of minimum of 1 year and up to 10 years. Third-time offenders will be placed on probation for 2 years. The court may also order community service and alcohol programs and if BAC was over 0.15, the court may also order that the driver install Ignition Interlock Device. Penalties for a third-time offender will be harsher if he/she is determined to be a “habitual traffic violator.”