An overview of Indiana impaired driving laws

On Behalf of | Mar 26, 2021 | Blog, DUI Defense |

The state of Indiana prohibits anyone from operating a motor vehicle while under the influence of drugs or alcohol. If you are found guilty of driving while impaired, you may be sentenced to jail time, a fine and a license suspension. The severity of your sentence will depend on a variety of factors such as the presence of previous DUI convictions, your age and the facts of your case.

The potential penalties for a first offense

If your blood alcohol level was under .15 when you were taken into custody, you could face a jail sentence of up to 60 days if convicted of a first offense DUI. However, if your blood alcohol content was found to be at or above .15, you could spend up to a year in jail. Furthermore, you may be required to pay a fine of up to $5,000.

What to know about the state’s implied consent law

State law requires you to submit to chemical testing if an officer believes that you are driving while under the influence of a controlled substance. Your license will be automatically suspended for a year if you fail to comply with a request to do so. Furthermore, your refusal to submit to a urine, blood or Breathalyzer test may be used as evidence of your guilt at trial.

The rules are different for minors and commercial drivers

Drivers under the age of 21 may be cited for impaired driving if their blood alcohol levels are between .02 and .08. Commercial drivers may be charged with DUI if their blood alcohol level is .04 or higher.

If you’re facing a DUI charge, it’s generally in your best interest to hire an attorney to help with your defense. Legal counsel may be able to get the results of a chemical test, witness testimony or other evidence suppressed at a pretrial hearing.