What Are The DUI Penalties In Indiana?

As in other states, Indiana's DUI laws have only gotten tougher in recent years. Your attorney must be familiar with the various penalties and recent changes in the statute. More importantly, your attorney must be able to prevent or mitigate those criminal penalties and collateral consequences of a drunk driving arrest.

At Todd L. Sallee, Attorney at Law, we have the proven ability to fight DUI charges and limit the punishment, including felony DUI cases. We realize that a DUI conviction can cost you your freedom and adversely affect your own future and your family.

Protect your rights. Call us 24/7 for a free a consultation at 317-643-5507.

Potential Penalties For DUI And Related Offenses

Our DUI defense practice is devoted to fighting the charges, not merely pleading you guilty. In more than a decade of practice, trial lawyer Todd Sallee has defended clients in every scenario:

  • Driving under the influence or operating while intoxicated — A first offense of DUI [without endangerment and with a BAC of .08 but less than .15] is a class C misdemeanor, punishable by a maximum of 60 days in jail. For any DUI conviction, the court may also impose fines and court fees, probation, ignition interlock, substance abuse education and random urine testing. You are also subject to license suspension of at least 30 days, with the possibility of a "hardship license" to drive to work.
  • Driving under the influence of drugs — Same as DUI, not including any penalties for separate criminal charges of drug possession.
  • Blood alcohol content of .15 or greater — With no prior DUI convictions in 5 years, this is a Class A misdemeanor, punishable by a maximum of 365 days in jail.
  • DUI child endangerment -- A DUI while transporting any child under the age of 16 is a Class A misdemeanor, punishable by up to 365 days in jail.
  • Breath test refusal — Automatic one-year license suspension on a first offense, and two-year suspension on a subsequent arrest.
  • Second DUI — A second DUI within five years of a prior conviction is a Class A misdemeanor, carrying a mandatory minimum of five days in jail and a potential sentence of up to 365 days in jail.
  • Third DUI -- A third DUI with prior convictions in the past five years can be charged as a Level 6 felony carrying a mandatory 10 days in jail and a sentence of up to 2.5 years in jail.
  • Driving on a suspended license — You could face additional jail time and longer suspension of your driving privileges. We excel at handling traffic offenses and license problems.
  • Serious bodily injury — A DUI-related collision resulting in injury can be a Level 5 felony, carrying a term of one to six years in prison.
  • Fatality — Causing a DUI-related death can lead to charges of vehicular homicide, a Level 5 felony with a sentence of 1 to 6 years in prison (or a Level 4 felony with a prior DUI conviction or a BAC over .15, punishable by two to 12 years in prison).

Multiple DUI prior convictions can expose a person to the new law on Vehicular Substance Abuse Offender Enhancement which can trigger additional jail time at sentencing.

Under Indiana's revamped sentencing laws, prison time will increase for some offenders. A person must serve at least 50 percent of a Level 6 prison term and 75 percent of a Level 5 or Level 4 felony. However, judges have discretion to suspend sentences in many cases.

We Provide A True DUI Defense

A DUI conviction or license suspension has adverse consequences for employment and other facets of life. At the Todd L. Sallee firm, we challenge DUI charges, going to court to fight for dismissal, acquittal, alternative sentencing or reduced penalties.

If you were arrested for a DUI in Hendricks County, Boone County, Hamilton County or anywhere in the Indianapolis area, contact us online or call us day or night at 317-643-5507.