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If you have been charged with an Indiana DUI there are two things that
you need to consider:
1) Take the charge seriously.
A conviction for an Indiana DUI will have long lasting consequences. A
criminal record can affect your employment, your future and your
personal freedom.
2) Hire an experienced Indiana DUI Lawyer.
Understanding the Indiana DUI laws and courtroom proceedings can be a
challenge. Hiring a qualified Indiana DUI Lawyer from DUILaws.com who
focuses on DUI defense can make a difference in the outcome of your
case.
The Indiana DUI Defense Lawyers at DUILaws.com offer an initial review of your case. Your inquiry is both free and confidential.
To begin fighting your Indiana DUI, use the drop-down menu above to locate an Indiana Attorney in your county. But do it now, as time is very critical in an Indiana DUI case.
Indiana DUI Laws and Drunk Driving Information
If you are arrested for Driving Under the Influence or DUI in Indiana you will have to undergo two separate proceedings regarding the DUI arrest. The first is a criminal proceeding for the actual DUI offense that you will have to deal with in a court setting. The second is a civil proceeding regarding whether or not you will be able to keep your license. The second is done through the Indiana Department of Motor Vehicles. Indiana is an implied consent state which means if you refuse to submit to the chemical tests, your license will be revoked for a period of up to one year.
You may be arrested for DUI in Indiana regardless of whether or
not you have submitted to a breath, blood, or urine test. If you
did take the test, it does not always matter if
the result is .08% or higher. It is important to hire an
experienced Indiana DUI defense attorney to help walk you through the
necessary actions to try and prevent a negative outcome in
your case.
Indiana DUI Laws
IC 9-30-5
Operating a Vehicle While Intoxicated
IC 9-30-5-1
Class C misdemeanor; defense
Sec. 1. (a) A person who operates a vehicle with an alcohol
concentration equivalent to at least eight-hundredths (0.08) gram of
alcohol but less than fifteen-hundredths (0.15) gram of alcohol
per:
(1) one hundred (100) milliliters of the person's blood; or
(2) two hundred ten (210) liters of the person's breath;
commits a Class C misdemeanor.
(b) A person who operates a vehicle with an alcohol concentration
equivalent to at least fifteen-hundredths (0.15) gram of alcohol
per:
(1) one hundred (100) milliliters of the person's blood; or
(2) two hundred ten (210) liters of the person's breath;
commits a Class A misdemeanor.
(c) A person who operates a vehicle with a controlled substance listed
in schedule I or II of IC 35-48-2 or its metabolite in the person's
body commits a Class C misdemeanor.
(d) It is a defense to subsection (c) that the accused person consumed
the controlled substance under a valid prescription or order of a
practitioner (as defined in IC 35-48-1) who acted in the course of the
practitioner's professional practice.
As added by P.L.2-1991, SEC.18. Amended by P.L.33-1997, SEC.7;
P.L.266-1999, SEC.2; P.L.1-2000, SEC.6; P.L.12000, SEC.7; P.L.175-2001,
SEC.5.
IC 9-30-5-2
Class A misdemeanor
Sec. 2. (a) Except as provided in subsection (b), a person who
operates a vehicle while intoxicated commits a Class C
misdemeanor.
(b) An offense described in subsection (a) is a Class A misdemeanor if
the person operates a vehicle in a manner that endangers a
person.
As added by P.L.2-1991, SEC.18. Amended by P.L.175-2001, SEC.6.
IC 9-30-5-3
Class D felony; previous convictions; passenger less than 18 years of
age
Sec. 3. A person who violates section 1 or 2 of this chapter commits a
Class D felony if:
(1) the person has a previous conviction of operating while
intoxicated that occurred within the five (5) years immediately
preceding the occurrence of the violation of section 1 or 2 of this
chapter; or
(2) the person:
(A) is at least twenty-one (21) years of age;
(B) violates section 1(b) or 2(b) of this chapter; and (C) operated a
vehicle in which at least one (1) passenger
was less than eighteen (18) years of age.
As added by P.L.2-1991, SEC.18. Amended by P.L.175-2001, SEC.7,
P.L.243-2001, SEC.1 and P.L.291-2001, SEC.222; P.L.82-2004,
SEC.1.
IC 9-30-5-4
Classification of offense; serious
bodily injury
Sec. 4. (a) A person who causes serious bodily injury to another
person when operating a motor vehicle:
(1) with an alcohol concentration equivalent to at least
eight-hundredths (0.08) gram of alcohol per: (A) one hundred (100)
milliliters of the person's blood; or
(B) two hundred ten (210) liters of the person's breath;
(2) with a controlled substance listed in schedule I or II of IC
35-48-2 or its metabolite in the person's body; or
(3) while intoxicated;
commits a Class D felony. However, the offense is a Class C felony if
the person has a previous conviction of operating while intoxicated
within the five (5) years preceding the commission of the
offense.
(b) A person who violates subsection (a) commits a separate offense
for each person whose serious bodily injury is caused by the violation
of subsection (a).
(c) It is a defense under subsection (a)(2) that the accused person
consumed the controlled substance under a valid prescription or order
of a practitioner (as defined in IC 35-48-1) who acted in the course of
the practitioner's
professional practice.
As added by P.L.2-1991, SEC.18. Amended by P.L.53-1994, SEC.5;
P.L.97-1996, SEC.3; P.L.96-1996, SEC.3; P.L.331997, SEC.8; P.L.1-2000,
SEC.8; P.L.175-2001, SEC.8; P.L.76-2004, SEC.3.
IC 9-30-5-5
Classification of offense; death
Sec. 5. (a) A person who causes the death of another person when
operating a motor vehicle:
(1) with an alcohol concentration equivalent to at least
eight-hundredths (0.08) gram of alcohol per: (A) one hundred (100)
milliliters of the person's blood; or
(B) two hundred ten (210) liters of the person's breath;
(2) with a controlled substance listed in schedule I or II of IC
35-48-2 or its metabolite in the person's blood; or
(3) while intoxicated;
commits a Class C felony. However, the offense is a Class B felony if
the person has a previous conviction of operating while intoxicated
within the five (5) years preceding the commission of the offense, or
if the person operated the motor vehicle when the person knew that the
person's driver's license, driving privilege, or permit is suspended or
revoked for a previous conviction for operating a vehicle while
intoxicated.
(b) A person at least twenty-one (21) years of age who causes the
death of another person when operating a motor vehicle:
(1) with an alcohol concentration equivalent to at least
fifteen-hundredths (0.15) gram of alcohol per: (A) one hundred (100)
milliliters of the person's blood; or
(B) two hundred ten (210) liters of the person's breath; or
(2) with a controlled substance listed in schedule I or II of IC
35-48-2 or its metabolite in the person's blood; commits a Class B
felony.
(c) A person who violates subsection (a) or (b) commits a separate
offense for each person whose death is caused by the violation of
subsection (a) or (b).
(d) It is a defense under subsection (a)(2) or subsection (b)(2) that
the accused person consumed the controlled substance under a valid
prescription or order of a practitioner (as defined in IC 35-48-1) who
acted in the course of the practitioner's professional practice.
As added by P.L.2-1991, SEC.18. Amended by P.L.53-1994, SEC.6;
P.L.97-1996, SEC.4; P.L.96-1996, SEC.4; P.L.331997, SEC.9; P.L.1-2000,
SEC.9; P.L.120-2000, SEC.1; P.L.175-2001, SEC.9; P.L.82-2004, SEC.2;
P.L.76-2004, SEC.4; P.L.2-2005, SEC.36.
IC 9-30-5-6
Class C infraction; violation of probationary license
Sec. 6. (a) A person who operates a vehicle in violation of any term
of a probationary license issued under this chapter, IC 9-30-6, or IC
9-30-9 commits a Class C infraction.
(b) In addition to any other penalty imposed under this section, the
court may suspend the person's driving privileges for a period of not
more than one (1) year.
(c) The bureau shall send notice of a judgment entered under this
section to the court that granted the defendant probationary driving
privileges.
As added by P.L.2-1991, SEC.18.
IC 9-30-5-7
Ignition interlock device offenses; violation of court order
Sec. 7. (a) A person who violates a court order issued under section
16 of this chapter commits a Class A misdemeanor.
(b) Except as provided in subsection (c), a person who knowingly
assists another person who is restricted to the use of an ignition
interlock device to violate a court order issued under this chapter
commits a Class A misdemeanor. (c) Subsection (b) does not apply if the
starting of a motor vehicle, or the request to start a motor vehicle,
equipped with an ignition interlock device:
(1) is done for the purpose of safety or mechanical repair of the
device or the vehicle; and
(2) the restricted person does not operate the vehicle.
(d) A person who, except in an emergency, knowingly rents, leases, or
loans a motor vehicle that is not equipped with a functioning ignition
interlock device to a person who is restricted under a court order to
the use of a vehicle with an ignition interlock
device commits a Class A infraction.
(e) A person who is subject to an ignition interlock device
restriction and drives another vehicle in an emergency situation must
notify the court of the emergency within twenty-four (24) hours.
As added by P.L.2-1991, SEC.18. Amended by P.L.131-1993, SEC.1.
IC 9-30-5-8
Ignition interlock device offenses; tampering
Sec. 8. (a) A person who knowingly or intentionally tampers with an
ignition interlock device for the purpose of:
(1) circumventing the ignition interlock device; or
(2) rendering the ignition interlock device inaccurate or inoperative;
commits a Class B misdemeanor.
(b) A person who solicits another person to:
(1) blow into an ignition interlock device; or
(2) start a motor vehicle equipped with an ignition interlock
device;
for the purpose of providing an operable vehicle to a person who is
restricted to driving a vehicle with the ignition interlock device
commits a Class C infraction.
As added by P.L.2-1991, SEC.18. Amended by P.L.76-2004, SEC.5.
IC 9-30-5-8.5
Class C infraction; person less than 21 years of age driving under the
influence
Sec. 8.5. (a) A person who:
(1) is less than twenty-one (21) years of age; and
(2) operates a vehicle with an alcohol concentration equivalent to at
least two-hundredths (0.02) gram but less than eight-hundredths (0.08)
gram of alcohol per:
(A) one hundred (100) milliliters of the person's blood; or
(B) two hundred ten (210) liters of the person's
breath;
commits a Class C infraction.
(b) In addition to the penalty imposed under this section, the court
may recommend the suspension of the driving privileges of the operator
of the vehicle for not more than one (1) year.
As added by P.L.96-1996, SEC.5. Amended by P.L.33-1997, SEC.10;
P.L.1-2000, SEC.10; P.L.175-2001, SEC.10.
IC 9-30-5-9
Operation of vehicle in place other than public highway
Sec. 9. It is not a defense in an action under this chapter that the
accused person was operating a vehicle in a place other than on a
highway.
As added by P.L.2-1991, SEC.18.
IC 9-30-5-9.5
Probationary driving privileges;
inapplicability to holder of a commercial driver's license
Sec. 9.5. After June 30, 2005, probationary driving privileges
under this chapter do not apply to a person who holds a commercial
driver's license in accordance with the federal Motor Carrier Safety
Improvement Act of 1999 (MCSIA) (Public Law 106-159.113 Stat.
1748).
As added by P.L.219-2003, SEC.7.
IC 9-30-5-10
Suspension of driving privileges; probationary driving
privileges
Sec. 10. (a) In addition to a criminal penalty imposed for an offense
under this chapter or IC 14-15-8, the court shall, after reviewing the
person's bureau driving record and other relevant evidence, recommend
the suspension of the person's driving privileges for the fixed period
of time specified under this section.
(b) If the court finds that the person:
(1) does not have a previous conviction of operating a vehicle or a
motorboat while intoxicated; or
(2) has a previous conviction of operating a vehicle or a motorboat
while intoxicated that occurred at least ten (10) years before the
conviction under consideration by the court;
the court shall recommend the suspension of the person's driving
privileges for at least ninety (90) days but not more than two (2)
years.
(c) If the court finds that the person has a previous conviction of
operating a vehicle or a motorboat while intoxicated and the previous
conviction occurred more than five (5) years but less than ten (10)
years before the conviction under consideration by the court, the court
shall recommend the suspension of the person's driving privileges for
at least one hundred eighty (180) days but not more than two (2) years.
The court may stay the execution of that part of the
suspension that exceeds the minimum period of suspension and grant the
person probationary driving privileges for a period of time equal to
the length of the stay.
(d) If the court finds that the person has a previous conviction of
operating a vehicle or a motorboat while intoxicated and the previous
conviction occurred less than five (5) years before the conviction
under consideration by the court, the court shall recommend the
suspension of the person's driving privileges for at least one (1) year
but not more than two
(2) years. The court may stay the execution of that part of the
suspension that exceeds the minimum period of
suspension and grant the person probationary driving privileges for a
period of time equal to the length of the stay. If the court grants
probationary driving privileges under this subsection, the court shall
order that the probationary driving privileges include the requirement
that the person may not operate a motor vehicle unless the motor
vehicle is equipped with a functioning certified ignition interlock
device under IC 9-30-8. However, the court may grant probationary
driving privileges under this subsection without requiring the
installation of an ignition interlock device, if the person is
successfully participating in a court supervised alcohol treatment
program in which the person is taking disulfiram or a similar substance
that the court determines is effective in treating alcohol abuse. The
person granted probationary driving privileges under this subsection
shall pay all costs associated with the installation of an ignition
interlock device unless the sentencing court determines that the person
is indigent.
(e) If the conviction under consideration by the court is for an
offense under:
(1) section 4 of this chapter;
(2) section 5 of this chapter;
(3) IC 14-15-8-8(b); or
(4) IC 14-15-8-8(c);
the court shall recommend the suspension of the person's driving
privileges for at least two (2) years but not more than five (5)
years.
(f) If the conviction under consideration by the court is for an
offense involving the use of a controlled substance listed in schedule
I, II, III, IV, or V of IC 35-48-2, in which a vehicle was used in the
offense, the court shall recommend the suspension or revocation of the
person's driving privileges for at least six (6) months.
As added by P.L.2-1991, SEC.18. Amended by P.L.131-1993, SEC.2;
P.L.64-1994, SEC.3; P.L.57-1995, SEC.3; P.L.76-2004, SEC.6;
P.L.94-2006, SEC.5; P.L.172-2006, SEC.1.
IC 9-30-5-11
Probationary driving privileges;
restrictions; commencement date
Sec. 11. (a) If a court grants a person probationary driving
privileges under section 12 of this chapter, the person may operate a
vehicle only as follows:
(1) To and from the person's place of employment.
(2) For specific purposes in exceptional circumstances.
(3) To and from a court-ordered treatment program.
(b) If the court grants the person probationary driving privileges
under section 12(a) of this chapter, that part of the court's order
granting probationary driving privileges does not take effect until the
person's driving privileges have been suspended for at least thirty
(30) days under IC 9-30-6-9.
(c) The court shall notify a person who is granted probationary
driving privileges of the following:
(1) That the probationary driving period commences when the bureau
issues the probationary license.
(2) That the bureau may not issue a probationary license until the
bureau receives a reinstatement fee from the person, if applicable, and
the person otherwise qualifies for a license.
As added by P.L.2-1991, SEC.18. Amended by P.L.153-2005, SEC.3.
Sec. 12. (a) If:
(1) a court recommends suspension of a person's driving privileges under section 10(b) of this chapter for an offense
committed under this chapter; and
(2) the person did not refuse to submit to a chemical test offered under IC 9-30-6-2 during the investigation of the offense;
the court may stay the execution of the suspension of the person's driving privileges and grant the person probationary driving privileges for one hundred eighty (180) days.
(b) An order for probationary privileges must be issued in accordance with sections 11 and 13 of this chapter. (c) If:
(1) a court recommends suspension of a person's driving privileges under section 10(c), 10(d), or 10(e) of this chapter for an offense committed under this chapter; and
(2) the period of suspension recommended by the court exceeds the minimum permissible fixed period of suspension specified under section 10 of this chapter;
the court may stay the execution of that part of the suspension that exceeds the minimum fixed period of suspension and grant the person probationary driving privileges for a period of time equal to the length of the stay.
(d) In addition to the other requirements of this section, if a person's driving privileges are suspended or revoked under section 10(f) of this chapter, a court must find that compelling circumstances warrant the issuance of
probationary driving privileges.
(e) Before a court may grant probationary driving privileges under this section, the person to whom the probationary driving privileges will be granted must meet the burden of proving eligibility to receive probationary driving privileges.
As added by P.L.2-1991, SEC.18. Amended by P.L.64-1994, SEC.4.
IC 9-30-5-13
Order for probationary driving privileges; contents; violation of terms of order
Sec. 13. (a) An order for probationary driving privileges granted under this chapter must include the following:
(1) A requirement that the person may not violate a traffic law.
(2) A restriction of a person's driving privileges providing for automatic execution of the suspension of driving privileges if an order is issued under subsection (b).
(3) A written finding by the court that the court has reviewed the person's driving record and other relevant evidence and found that the person qualifies for a probationary license under this chapter.
(4) Other reasonable terms of probation.
(b) If the court finds that the person has violated the terms of the order granting probationary driving privileges, the court shall order execution of that part of the sentence concerning the suspension of the person's driving privileges.
As added by P.L.2-1991, SEC.18. Amended by P.L.76-2004, SEC.7.
IC 9-30-5-14
Suspension of driving privileges; credit; period; termination
Sec. 14. (a) A person whose driving privileges are suspended under section 10 of this chapter:
(1) is entitled to credit for any days during which the license was suspended under IC 9-30-6-9(c); and
(2) may not receive any credit for days during which the person's driving privileges were suspended under IC 930-6-9(b).
(b) A period of suspension of driving privileges imposed under section 10 of this chapter must be consecutive to any period of suspension imposed under IC 9-30-6-9(b). However, if the court finds in the sentencing order that it is in the best interest of society, the court may terminate all or any part of the remaining suspension under IC 9-30-6-9(b).
As added by P.L.2-1991, SEC.18. Amended by P.L.2-2005, SEC.37.
IC 9-30-5-15
Imprisonment; community restitution or service; alcohol or drug abuse treatment
Sec. 15. (a) In addition to any criminal penalty imposed for an offense under this chapter, the court shall:
(1) order:
(A) that the person be imprisoned for at least five (5) days; or
(B) the person to perform at least one hundred eighty (180) hours of community restitution or service; and
(2) order the person to receive an assessment of the person's degree of alcohol and drug abuse and, if appropriate, to successfully complete an alcohol or drug abuse treatment program, including an alcohol deterrent program if the person suffers from alcohol abuse;
if the person has one (1) previous conviction of operating while intoxicated.
(b) In addition to any criminal penalty imposed for an offense under this chapter, the court shall:
(1) order:
(A) that the person be imprisoned for at least ten (10) days; or
(B) the person to perform at least three hundred sixty (360) hours of community restitution or service; and
(2) order the person to receive an assessment of the person's degree of alcohol and drug abuse and, if appropriate, to successfully complete an alcohol or drug abuse treatment program, including an alcohol deterrent program if the person suffers from alcohol abuse;
if the person has at least two (2) previous convictions of operating while intoxicated.
(c) Notwithstanding IC 35-50-2-2 and IC 35-50-3-1, a sentence imposed under this section may not be suspended. The court may require that the person serve the term of imprisonment in an appropriate facility at whatever time or intervals (consecutive or intermittent) determined appropriate by the court. However:
(1) at least forty-eight (48) hours of the sentence must be served consecutively; and
(2) the entire sentence must be served within six (6) months after the date of sentencing.
(d) Notwithstanding IC 35-50-6, a person does not earn credit time while serving a sentence imposed under this
section.
As added by P.L.2-1991, SEC.18. Amended by P.L.266-1999, SEC.3; P.L.32-2000, SEC.2; P.L.85-2004, SEC.48.
IC 9-30-5-16
Probationary driving privileges; ignition interlock device; alcohol treatment program
Sec. 16. (a) Except as provided in subsections (b) and (c) and section 10 of this chapter, the court may, in granting probationary driving privileges under this chapter, also order that the probationary driving privileges include the requirement that a person may not operate a motor vehicle unless the vehicle is equipped with a functioning certified ignition interlock device under IC 9-30-8.
(b) An order granting probationary driving privileges:
(1) under:
(A) section 12(a) of this chapter, if the person has a previous conviction that occurred at least ten (10) years before the conviction under consideration by the court; or
(B) section 12(c) of this chapter; or
(2) to a person who has a prior unrelated conviction for an offense under this chapter of which the consumption of alcohol is an element; must prohibit the person from operating a motor vehicle unless the vehicle is equipped with a functioning certified ignition interlock device under IC 9-30-8. However, a court is not required to order the installation of an ignition interlock device for a person described in subdivision (1) or (2) if the person is successfully participating in a court supervised alcohol treatment program in which the person is taking disulfiram or a similar substance that the court determines is effective in treating alcohol abuse.
(c) A court may not order the installation of an ignition interlock device on a vehicle operated by an employee to whom any of the following apply:
(1) Has been convicted of violating section 1 or 2 of this chapter.
(2) Is employed as the operator of a vehicle owned, leased, or provided by the employee's employer.
(3) Is subject to a labor agreement that prohibits an employee who is convicted of an alcohol related offense from operating the employer's vehicle.
As added by P.L.2-1991, SEC.18. Amended by P.L.76-2004, SEC.8; P.L.172-2006, SEC.2.
IC 9-30-5-17
Restitution to emergency medical services restitution fund
Sec. 17. (a) In addition to:
(1) a sentence imposed under this chapter for a felony or misdemeanor; and
(2) an order for restitution to a victim;
the court shall, without placing the individual on probation, or as a condition of probation, order the individual to make restitution to the emergency medical services restitution fund under IC 16-31-8 for emergency medical services necessitated because of the offense committed by the individual.
(b) An order for restitution under this section may not be for more than one thousand dollars ($1,000). (c) In making an order for restitution under this section, the court shall consider the following:
(1) The schedule of costs submitted to the court under IC 16-31-8-5.
(2) The amount of restitution that the individual is or will be able to pay.
(d) The court shall immediately forward a copy of an order for restitution made under this section to the Indiana emergency medical services commission under IC 16-31-8.
As added by P.L.2-1991, SEC.18. Amended by P.L.2-1993, SEC.68.