Indiana DUI Penalties
Implied Consent Laws
Laws requiring drivers suspected of driving under the influence to compromise to breath, blood, or urine testing for alcohol content are known as "implied consent laws." Rejection carries penalties that can include compulsory suspension of a driving license for up to a year.
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Blood-Alcohol Concentration
In Indiana, any driver with a blood-alcohol concentration - or BAC - above .08 percent is considered “per se intoxicated” under the law. Under this statute, this confirmation is all that is needed for a driver to be convicted of Driving Under the Influence (DUI) or Driving While Intoxicated (DWI).
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Zero Tolerance Blood-Alcohol Concentration
In all states, “zero tolerance laws” focal point on drivers not of legal drinking age. In Indiana, persons under the age of 21 operating a car with a .02 percent blood-alcohol level or above are subject to DUI penalties.
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Enhanced Penalty Blood-Alcohol Concentration
In some states there is a more stern punishment for those convicted of DUI with a for the most part high blood-alcohol content at the point of arrest; this is usually .15 to .20 percent above the legal limit. Enhanced penalty laws are not utilized in Indiana.
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Administrative License Suspension/Revocation Penalties
These penalties are minimum mandatory penalties obligatory on drivers with a blood-alcohol concentration above Indiana’s maximum tolerable level of .08 percent or drivers subject to the implied consent laws (see above) for refusing to submit to breath, blood, or urine testing for blood-alcohol content.
Penalties involve suspension or revocation (meaning provisional or permanent removal) of the driver’s license by the DMV (Department of Motor Vehicles). In Indiana, for the primary DUI offense the mandatory suspension is 90 days; for the second offense, one year; for the third offense, three years.
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Vehicle Confiscation
The sentence of vehicle confiscation for DUI conviction – either lastingly or temporarily - is a opportunity in some states, generally for repeat offenders. This is not a penalty option in Indiana.
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Ignition Interlock
An ignition interlock device attaches to the convicted DUI offender’s vehicle and requires the driver to perform a breath-test before the vehicle will start. While this penalty for DUI conviction is a chance in some states, this is not an choice in Indiana.
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Mandatory Alcohol Education and Assessment/Treatment
Alcohol tutoring and prevention program, treatment for alcohol abuse, and appraisal of a person for possible alcohol or drug dependency can be required for DUI offenders in Indiana. These steps are often recommended instead of serving a sentence of incarceration or paying fines.
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