DMV.com - your advisor for Indiana DMV issues (not from Indiana? Select another state)

DUI/DWI Information for Indiana

Driving under influence (DUI) or driving while intoxicated/impaired (DWI) is an offence committed when a driver operates a vehicle after the consumption of alcohol or drugs or other intoxicants. Increased alcohol levels in the driver's blood lead to diminished mental and motor reactions which, in turn, reduce the driver's ability to control the vehicle. This significantly increases the risk of the driver committing errors of judgment and often results in accidents causing severe injuries and even death.

In Indiana, as in the rest of the US, drunk driving is the single largest cause of motor vehicle related fatalities and accounts for an alarmingly high 40% to 50% of the total number of motor vehicle related deaths every year.

Complete our FREE DUI Evaluation Form   

Please start by providing your ZIP Code:
What types of tickets do you have?
Do either of these situations apply to your case?

REGULATIONS FOR DUI/DWI IN INDIANA

In Indiana, the Blood Alcohol Content (BAC) limit is set at 0.08% for drivers over 21 years of age and it is set at 0.02% for those under 21. For commercial drivers, the limit is set at 0.04%.

Having an Indiana license automatically provides your consent to be tested if stopped by a law enforcement officer, while driving. This is the law of "implied consent" and can be used by the officer to test you if you are stopped on the suspicion of drunk driving, either through a breathalyser test or by an actual blood test to check the BAC. Refusing to take the chemical test will result in your license being revoked for a year.

Points will be added to your driving record and your license will be suspended or revoked, if you convicted of DUI/DWI. The number of points assessed, depend on the severity of the offense and the number of times you have been convicted for it.

ACTIONS AGAINST DUI/DWI FOR DRIVERS OVER 21:

If you are over 21 years old, and are caught with BAC higher than the set limit of 0.08%, you may be subjected to criminal actions in addition to administrative actions. If the DUI/DWI incident you are involved in is subjected to criminal action, it is recommended that you get in touch with a DUI/DWI lawyer as they are experts at handling such incidents and can offer you the best advice.

  1. The first offense (BAC of 0.08% to 0.14%) is treated as a Class C Misdemeanor and may result in imprisonment for at least five days and/or up to a $500 fine. Also, if convicted for a first offense OWI or DUI (BAC over 0.08%) or for driving under the influence of drugs:
    • 8 points will be added to your driving record.
    • Your license will be suspended for at least 90 days up to two years.
    • Instead of a prison term you may perform 180 hours of community service.
    • You will have to do an alcohol or drug abuse assessment and if required complete an alcohol or drug abuse treatment program including an alcohol deterrent program if you suffer from alcohol abuse.
    • You may be eligible to drive using a probationary license after a 30 day suspension period.
    • If your BAC is 0.15% or over, the offence is treated as a Class A misdemeanor and the jail term could go up to a maximum of one year. You could also be fined up to $5000.
    • If you have at least one passenger who is less than 18 years of age while driving with a BAC of over 0.08%, the offence will be treated as a Class D felony.
  2. The second offense or two offenses in five years is treated as a Class D felony and may result in imprisonment for six months to three years and/or up to a $10,000 fine. Also, if convicted for the second offense of OWI or DUI:
    • Your license will be revoked for one to two years. (If this is your second conviction in the last 10 years, but not in the last five, your license will be suspended for 180 days up to two years).
    • The mandatory prison term is at least 10 days or you may perform 360 hours of community service.
    • You will have to do an alcohol or drug abuse assessment and if required complete an alcohol or drug abuse treatment program including an alcohol deterrent program if you suffer from alcohol abuse.
    • The court may allow you a probationary license after a 30 day suspension period provided you install an ignition interlock device in the vehicle or enrol in an alcohol abuse treatment program.
  3. The third offense or three offenses in ten years (Habitual Traffic Violator) is treated as a Class D Felony and may result in imprisonment for six months to three years and/or up to a $10,000 fine. Also, if convicted for the third offense of OWI or DUI:
  4. Your license could be suspended for 10 years.
    • The mandatory prison term is at least 10 days or you may perform 360 hours of community service.
    • You will have to do an alcohol or drug abuse assessment and if required complete an alcohol or drug abuse treatment program including an alcohol deterrent program if you suffer from alcohol abuse.
  5. The court may allow you a probationary license after a 30 day suspension period provided you install an ignition interlock device in the vehicle or enrol in an alcohol abuse treatment program.

ACTIONS AGAINST DUI/DWI FOR DRIVERS UNDER 21

  1. You will be charged with a Class C infraction if you are convicted for a BAC of 0.02% or higher while driving.
  2. Your license may be suspended for up to a year.
  3. Apart from these actions, penalties mentioned above for drivers over 21, may also apply to minors if they are convicted of DUI/OWI.

ACTIONS AGAINST DUI/DWI FOR COMMERCIAL VEHICLE DRIVERS

If you drive a commercial vehicle and hold a commercial driver license (CDL):

  1. You will be barred from driving a commercial vehicle for a year, if you are convicted for your BAC being higher than 0.04%.
  2. You will be barred from driving a commercial vehicle for at least three years, if you are convicted for your BAC being higher than 0.04% while transporting hazardous materials.
  3. You will be barred from driving a commercial vehicle for life if you are convicted for any of these offenses for the second time.
  4. If there is any detectable amount of alcohol in your system, even if it is under 0.04%, you will be put out-of-service for 24 hours.
  5. Apart from these actions, penalties mentioned above for drivers over 21, may also apply to commercial drivers for their first and second offenses of DUI/DWI. The other penalties do not apply since they are barred after the second offense.

ADMINISTRATIVE ACTIONS AGAINST DUI/DWI:

Administrative action against DUI/OWI comes into immediate effect and is apart from any criminal action which is decided by the courts. You don't have the right to talk to a lawyer before you take a chemical test to determine your BAC level.

Your first offence will result in a mandatory revocation of license for 180 days and a second offence within 10 years may result in a license revocation of up to two years. If you refuse to take a chemical test your license may be suspended for up to a year. You may apply for a probationary license after a 30 day suspension period but you may have to install an ignition interlock device before you can get one.

You are entitled to an administrative hearing but it is a good idea to consult a DUI/DWI lawyer before you schedule a hearing.

LICENSE REINSTATEMENT AFTER DUI/DWI SUSPENSION/REVOCATION:

If you are convicted of DUI/DWI, it will result in your license being suspended or revoked. This means that your driving privileges will be taken away and you will need to apply for a reinstatement of your license with the Bureau of Motor Vehicles, once the period of suspension or revocation is over.

  1. To complete the reinstatement requirements, you must pay the reinstatement fee ($130 for first offence, $225 for the second and $300 for the third or subsequent offence), and maintain proof of financial responsibility for three years from the date of suspension/revocation by filing SR-22 from your insurer.
  2. If you are being convicted for a second time, it is mandatory for the court to order an ignition interlock device to be placed for breathalyser tests on any vehicle you drive.
  3. Reinstatements must be processed at reinstatement centers. Reinstatement applications can not be processed by mail or phone. Contact your local BMV office for more information.

ADDITIONAL INFORMATION

  • DUI/DWI has been a major cause of death and injury in our nation and it is our duty to prevent such needless pain and suffering. Simply: If you drink, DON'T DRIVE! If we all follow this rule to the letter - thousands of lives will be saved each year.
  • If you have been charged with a DUI/DWI get help from a DUI/DWI Lawyer.
  • See also Suspended License, Point System and Traffic Ticket Lawyers.
 

Auto Insurance Comparison

by DMV.com
Find the Best Rates
and save money