DUI Penalties in Indiana
Driving Under the Influence (DUI) offenses are serious matters in every city, and South Bend, Indiana is no exception. DUI penalties can have long-lasting consequences that affect your driving privileges, criminal record, and overall quality of life.
If you’re facing DUI charges in Indiana, it’s crucial to understand the potential penalties and the legal options available to you.
Whether you’re dealing with a first-time offense or a repeat violation, criminal defense representation from Jay Lauer Attorney at Law in South Bend, Indiana, may help reduce the severity of the consequences you face. Contact me today to set up a consultation.
What Is a DUI?
DUI, also referred to as Operating a Vehicle While Intoxicated (OWI), is defined as operating a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher, according to the State of Indiana. Additionally, drivers can also face DUI charges if they’re impaired by drugs, whether prescription, recreational, or illegal.
The law applies to any motor vehicle, including cars, trucks, motorcycles, and even boats. DUI laws in Indiana are strict, and law enforcement agencies take impaired driving very seriously. Understanding your rights and the penalties involved can help you better handle the legal process if you’re charged with DUI.
DUI Penalties in Indiana
DUI penalties in Indiana vary depending on factors such as whether it’s a first offense, whether there are aggravating circumstances (like previous convictions or accidents), and whether there’s an injury or death involved. Penalties can include fines, jail time, license suspensions, and mandatory driving programs. Here’s a detailed breakdown of potential DUI penalties based on the severity of the offense.
First-Time DUI Offense
For a first-time DUI offense in Indiana, penalties are typically less severe but can still have significant long-term consequences.
License suspension: A first-time offender can face a license suspension of up to 2 years, though the court may allow for a specialized driving permit (SDP) during the suspension period, allowing limited driving privileges.
Fines: Fines for a first-time DUI can range from $150 to $5,000, depending on the circumstances of the arrest.
Jail time: While jail time isn’t mandatory for a first offense, the court can impose up to 1 year in jail for a first-time DUI conviction. However, many first-time offenders may qualify for probation instead of serving jail time.
Alcohol and drug education programs: Individuals convicted of a first-time DUI are typically required to complete an alcohol or drug education and treatment program. The length of the program can vary based on the judge’s decision.
Second DUI Offense
A second DUI offense in Indiana carries much more severe penalties.
License suspension: A second DUI conviction typically results in a license suspension of 180 days to 2 years, and the offender may not be eligible for a specialized driving permit.
Fines: Fines for a second DUI offense range from $200 to $10,000, depending on the circumstances surrounding the arrest and conviction.
Jail time: A second DUI offense may lead to a mandatory minimum jail sentence of 5 days, which can increase to 1 year based on the severity of the offense and the judge’s decision. However, the defendant may be eligible for probation with certain restrictions.
Alcohol or drug treatment: The court will often mandate participation in a treatment or education program, potentially requiring the individual to undergo more extensive counseling than what is required for a first offense.
Third DUI Offense and Beyond
A third DUI offense in Indiana is considered a Level 6 felony and comes with more severe penalties.
License suspension: A third DUI conviction will result in a license suspension of at least 2 years. In most cases, the offender won’t be able to obtain a specialized driving permit.
Fines: Fines for a third DUI conviction can range from $200 to $10,000, depending on various factors.
Jail time: For a third offense, the individual could face a mandatory minimum sentence of 10 days in jail, and the sentence could be as long as 2.5 years, depending on the judge’s decision and circumstances.
Probation: While probation may be an option for some offenders, third-time DUI offenders face more difficult requirements for obtaining probation. An individual convicted of a third DUI offense is also more likely to face extended probationary periods and additional restrictions.
Aggravating Factors
Certain aggravating factors can increase the severity of DUI penalties in Indiana. Here are some factors to consider.
Having a BAC above 0.15%: If a driver’s BAC is 0.15% or higher, the penalties for DUI become more severe, even for a first-time offense. In such cases, the court may impose longer license suspensions, higher fines, and additional jail time.
Injuries or death: If the DUI causes an accident resulting in serious injury or death, the penalties will be much harsher. In cases of DUI with injury, the individual can face felony charges with sentences of several years in prison.
Driving with a child passenger: If a driver is caught operating a vehicle under the influence with a child passenger under the age of 18, they face enhanced penalties, including a longer license suspension and mandatory counseling or education programs.
Aggravating Circumstances and Additional Penalties
In addition to BAC levels and prior convictions, the presence of aggravating factors, such as a child passenger or causing injury or death, may lead to enhanced penalties. For example, in the case of DUI causing death (often referred to as vehicular manslaughter), individuals may face a lengthy prison sentence.
Criminal Defense Options for DUI Charges
If you’re facing DUI charges in Indiana, working with an experienced criminal defense attorney is essential.
A criminal defense attorney well-versed in DUI cases can help you understand your legal options and explore strategies to minimize the penalties you may face. Here are some common defense strategies that criminal defense lawyers use in DUI cases.
Challenging the Stop
A criminal defense attorney may argue that the officer didn’t have probable cause to stop the vehicle in the first place. If the stop was unlawful, the evidence obtained during the stop may be inadmissible in court.
Contesting the Breathalyzer or Blood Test Results
In many DUI cases, the prosecution will rely on BAC test results to prove impairment. A defense attorney may argue that the breathalyzer or blood test results were inaccurate due to improper administration, equipment malfunctions, or issues with the test itself.
Questioning the Field Sobriety Tests
Field sobriety tests (FSTs) are often used to assess impairment, but these tests can be subjective and influenced by various factors, such as weather conditions, physical limitations, or anxiety.
A criminal defense lawyer may argue that the FSTs were improperly administered or that the individual’s performance on the tests wasn’t indicative of intoxication.
Plea Bargaining
In some cases, criminal defense lawyers may negotiate a plea deal with the prosecution, resulting in reduced charges or penalties. A plea deal may involve pleading guilty to a lesser charge in exchange for a lighter sentence, which can be a favorable outcome for some defendants.
How Criminal Defense Attorneys Help
Criminal defense lawyers with experience in DUI cases understand the intricacies of Indiana DUI law. They can help you traverse the legal process, build a strong defense, and pursue a suitable outcome for your case.
If you’re charged with a DUI in Indiana, don’t wait to seek legal representation. An experienced attorney can help protect your rights, reduce your penalties, and seek a fair trial.
Get Legal Assistance With Your DUI Case Today
I serve clients in South Bend, Indiana, and Granger, Mishawaka, and Northern Indiana. Working with an experienced criminal defense attorney can make a significant difference in the outcome of your DUI case. If you’re facing DUI charges, consult with me at Jay Lauer Attorney at Law to make sure that your rights are protected as you seek justice in your case.