Potential Penalties for a DUI in Indiana

Indiana DUI/OWI laws are tough on those convicted of operating under the influence of drugs or alcohol (drunk driving). These charges need to be taken seriously, and defendants should reach out to a skilled DUI/OWI lawyer as soon as possible. The Law Office of Paul A. Rossi is available.

Monetary Fines

One of the most common penalties for a DUI/OWI in Indiana is monetary fines. The amount of the fine will depend on the circumstances surrounding your case, such as your blood alcohol concentration (BAC) level and any previous DUI/OWI convictions. Generally, first-time offenders may face a fine of up to $5,000, while repeat offenders may face a fine of up to $10,000.

License Suspension

Another potential consequence of a DUI/OWI in Indiana is license suspension. When you are arrested for a DUI/OWI, your license will very likely be suspended almost immediately, depending on your charges.   If convicted, a first-time offense may mean your driving privileges are suspended for a one (1) month to a one (1) year period or more, while following offenses may lead to a one-year to three (3) year suspension period.

Jail Time

In addition to fines and license suspension, jail time is also a common penalty for a DUI/OWI in Indiana. The length of jail time will depend on the severity of the offense, as well as any previous DUI/OWI convictions. First-time offenders may face up to one year in jail, while repeat offenders may face up to six years in jail. Second-time offenses can require mandatory jail time in some cases.

Ignition Interlock Device

Another potential penalty for a DUI/OWI in Indiana is the installation of an ignition interlock device (IID). An IID is essentially a breathalyzer that is installed in your car. Before you can start the car, you must blow into the device, and if it detects any alcohol, the car will not start. Anyone, including first-time offenders, may be required to install an IID for a period of one (1) month to six (6) months, or more; while repeat offenders may be required to install an IID for multiple years.

Both failing a chemical alcohol test or refusing to submit to alcohol or chemical testing can result in the suspension of driving privileges for six (6) months or one year or, if it is a subsequent offense, multiple years. You can also face up to a year in jail and a $5,000 fine for your first offense.

Defending Your Rights

It is within your rights to request relief from a license suspension or reqeust a judicial hearing to challenge any suspension or revocation. Although it is your right to request permission to drive while your case is pending; strict time requirements apply. In some cases you may be immediately suspended for suspicion of operating while intoxicated or under the influence. In other cases, you may be suspended within no more than ten (10) days of your first scheduled court hearing. In all of the instances you can ask the court for privileges to drive; but this must be done quickly. Some issues for consideration are:

• Were you arrested for a DUI/OWI?
• Were there reasonable grounds to believe that you were under the influence?
• Did you refuse to submit to testing?
• Were you advised of the suspension prior to submitting to chemical testing?
• Did the chemical testing show a BAC of .08 or more?
• Were you involved in an accident as a result of being under the influence, which caused personal injury or death?

You and your attorney can address all these types of concerns and prepare a defense for each of these issues, whether you were illegally pulled over and tested in the first place, or whether that testing was done improperly, or you weren’t properly advised of your rights. The immediate days following a DUI/OWI arrest can be confusing, so contact the Law Offices of Paul A. Rossi, LLC to discuss your case at the soonest opportunity.