Facing a DUI (Driving Under the Influence) charge for the first time in Indiana can be an intimidating experience. The legal process is challenging, and the consequences are significant, affecting your driving privileges, your criminal record, and even your livelihood.

Understanding what happens after a first-time DUI and knowing your rights is critical in managing the system. Contact me at Jay Lauer, Attorney at Law in South Bend, Indiana, for the skilled defense representation you deserve.

What Is Considered a DUI in Indiana?

In Indiana, a DUI—also known as Operating While Intoxicated (OWI)—occurs when a person is found driving under the influence of alcohol, drugs, or a combination of both. 

Legally, the blood alcohol concentration (BAC) limit is 0.08% for most drivers, though different rules apply to certain groups like commercial drivers (0.04%) or drivers under the age of 21 (0.02%).

A person can also be charged if they’re impaired by drugs, including prescription medications.

Immediate Consequences of a First-Time DUI

After being pulled over for suspected DUI, the police will likely administer field sobriety tests or a breathalyzer test. If you fail or refuse these tests, you'll be arrested. The immediate consequences can include:

• License suspension: Your driver's license can be suspended even before you're convicted if your BAC is over the legal limit or you refuse a chemical test.

• Arrest and booking: After your arrest, you’ll likely spend time in jail until you’re processed or bail is set. Being arrested can be stressful, but this is only the beginning of the legal process.

• Vehicle impoundment: Depending on the circumstances, your vehicle might be impounded, leading to additional costs and inconvenience.

Indiana's "Implied Consent" Law

Indiana’s "implied consent" law means that by driving on Indiana roads, you’ve already agreed to submit to chemical testing if you're suspected of a DUI. If you refuse this test, your license could be suspended for up to two years. Additionally, the refusal can be used against you in court as an indication of guilt.

Penalties for First DUI Offenses in Indiana

For first-time offenders, Indiana law imposes penalties that vary depending on the circumstances, such as your BAC level and whether there were aggravating factors like an accident or minor in the car. 

Some possible penalties include:

• Fines: For a first-time DUI, you could face fines ranging from $500 to $5,000, depending on the severity of the case.

• License suspension: Your driver's license could be suspended for 180 days, though this can increase if you refused a breathalyzer test or had a particularly high BAC.

• Probation and substance abuse education: Instead of or in addition to jail time, many first-time offenders are placed on probation. You may be required to attend a substance abuse program or complete community service hours.

• Ignition interlock device (IID): Depending on your BAC or the specifics of your case, the court may order you to install an IID, which prevents you from starting your car if you've consumed alcohol.

Can You Avoid Jail Time for a First-Time DUI?

In many first-time DUI cases, jail time can be avoided, especially if there are no aggravating factors like an accident or injuries. Instead, the court may sentence you to probation, requiring you to meet certain conditions, such as attending DUI education courses, performing community service, or following a treatment program for substance abuse.

However, jail time is always a possibility, especially if your BAC was significantly over the legal limit or other aggravating factors are present.

The Impact on Your Criminal Record

A DUI conviction is a criminal offense in Indiana, meaning it’ll go on your permanent criminal record. This can affect future employment opportunities, housing, and even credit.

Employers, landlords, and other entities often perform background checks, and having a DUI on your record may limit certain opportunities. While a DUI can be expunged from your record under specific conditions, it’s not an immediate or easy process.

License Reinstatement and Hardship Licenses

If your license is suspended due to a DUI, you might be eligible for a hardship license, which allows limited driving privileges, such as driving to work or attending medical appointments. A hardship license can make a significant difference if driving is essential for your livelihood.

After your suspension period is over, you'll need to follow a reinstatement process, which may include paying fees and providing proof of insurance.

The Role of an Attorney in Your First DUI

Managing the legal system after a DUI can be overwhelming, especially if it’s your first offense. An experienced DUI lawyer can:

• Evaluate your case: A DUI lawyer will review the details of your arrest to determine if proper procedures were followed. For example, if the police didn’t have probable cause to pull you over, your DUI lawyer could move to have the charges dismissed.

• Negotiate plea deals: In some cases, it might be possible to reduce your charges or penalties through a plea agreement, especially if you have no prior criminal record.

• Represent you in court: If your case goes to trial, a DUI lawyer will defend you, presenting evidence and arguments to counter the prosecution’s case.

Hiring a DUI lawyer may seem like an additional expense, but the potential benefits—such as avoiding jail time or reducing fines—can outweigh the costs, especially considering the long-term impact of a DUI conviction.

What Happens if You Refuse a Breathalyzer?

Refusing a breathalyzer test in Indiana has immediate consequences, including an automatic license suspension for one year, even if you're not ultimately convicted of DUI. The refusal can also be used as evidence of guilt in your trial, as the court may view it as an attempt to hide intoxication.

Additionally, the prosecution may argue that refusal demonstrates consciousness of guilt, making it harder to defend your case. However, an experienced DUI lawyer can still challenge the circumstances of the refusal.

DUI Diversion Programs and Alternatives

Indiana offers DUI diversion programs for first-time offenders in certain circumstances. These programs focus on rehabilitation rather than punishment. 

If you're eligible, you might complete an alcohol education course, pay fines, and meet other conditions in exchange for having the charges dismissed or reduced. 

Not everyone qualifies for these programs, and they often come with strict requirements, but they can be a favorable alternative to traditional penalties.

Long-Term Consequences of a First-Time DUI

The effects of a first-time DUI can be long-lasting, even after you've paid fines and served any required penalties. A DUI conviction can lead to:

• Increased insurance rates: Insurance companies typically consider DUI offenders as high-risk drivers, which means your rates could increase dramatically or your policy could be canceled altogether.

• Employment challenges: If your job involves driving or if you hold a commercial driver's license (CDL), a DUI can jeopardize your employment. Even in jobs that don't require driving, a criminal record can limit your prospects.

• Difficulty renting a home: Some landlords may be hesitant to rent to someone with a criminal record, which can create housing challenges.

Understanding these long-term effects is critical when deciding how to handle your DUI case. While the penalties for a first-time offense are less severe than for repeat offenders, the impact on your future can be significant.

Contact My DUI Defense Firm for Help

If you've been charged with a DUI, consult with me, Jay Lauer, Attorney at Law for the steps to take to secure the best possible outcome. I serve South Bend, Indiana, as well as Granger, Mishawaka, and Northern Indiana. Call today.