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 Sallee Law, LLC, 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 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 guilty. In more than a decade of practice, trial lawyer Sallee Law, LLC, 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 a 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 the discretion to suspend sentences in many cases.

DUIs And Driver’s License Revocation

One of the biggest punishments for DUI under Indiana law is suspension of the defendant’s driver’s license. Indiana law requires an automatic suspension for a drinking and driving conviction. How long the suspension lasts depends on the defendant’s previous record. A first offense means a suspension of between 90 days and two years. A second-lifetime offense carries a driver’s license suspension of 180 days to two years, and a third offense means losing your license for at least one year and up to 10 years.

For most of us, losing our driving privileges means losing much of our independence and ability to work. Fortunately, you could qualify for alternatives. One of these is a hardship license that can restore limited driving privileges, such as driving to and from your job. Another possible alternative is to have an ignition interlock device installed in your car. This device scans your breath for alcohol and will not let you start the engine if it detects any. We can help you explore every possible avenue for keeping your license.

What Is Indiana’s DUI Pretrial Diversion Program?

Like many states, Indiana makes a pretrial diversion program available to some individuals facing a DUI charge. Instead of going through the normal process of trial or a guilty plea, the defendant and prosecution enter into an agreement that defers the charge, typically for one year. During that time, the defendant must perform certain conditions, which could include paying a fine, attending alcohol addiction courses, performing community service or regular submission to chemical testing. If the defendant completes their requirements, the DUI charge gets dismissed.

Eligibility for a DUI diversion program is strictly limited and depends on factors like if you have any prior DUI convictions and if the prosecutor believes you are likely to drink and drive in the future. We can explain diversion programs in greater detail and discuss whether it would be in your best interests to pursue one.

We Provide A True DUI Defense

A DUI conviction or license suspension has adverse consequences for employment and other facets of life. At the Sallee Law, LLC, we challenge DUI charges, going to court to fight for a 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.