Drunk Driving Charges And Penalties In Indiana

The exact statutes for drunk driving charges and penalties in Indiana are publicly available. But like most laws, they can be densely written and difficult to understand. Below, we have provided a guide to drunk driving statutes in plain English.

Please keep in mind that this information is a list of the DUI penalties allowed by law and does not necessarily reflect what will be prescribed in each DUI case. For a more specific assessment of your DUI charges and what the likely consequences would be if convicted, please contact our firm and speak to criminal defense attorney Scott A. DeVries.

What Is Considered Drunk Diving?

Under Indiana law, a driver is legally considered intoxicated (known as per se intoxication) if he or she has a certain blood alcohol concentration (BAC). The per se limit changes based on legal drinking age and whether or not the driver is driving commercially. Here are the guidelines:

  • A non-commercial driver over the age of 21 is considered intoxicated with a BAC at or above 0.08 percent.
  • A commercial driver over the age of 21 is considered to have committed a violation if the person has a BAC at or above 0.04 percent.
  • Any driver under the age of 21 is considered to have committed a violation if the person has a BAC at or above 0.02 percent.

Possible DUI Penalties In Indiana

Jail Time

Penalties & Fines

(Based on BAC)

License Suspension

Refusal To Submit To Chemical Test

First OffenseUp to 1 year$500 to $5,000Up to 1 yearAn additional 1 year suspension
Second Offense

5 days up to 2.5 years

Up to $10,000At least 1 year, at most 2.5 yearsAn additional 2 year suspension
Third Offense

10 days up to 2.5 years, plus up to another 8 years if the prosecutor files a habitual substance offender enhancement

Up to $10,000At least 1 year; at most 10 years

An additional 2 year suspension

Other Potential Consequences

Depending on the circumstances of your case, a conviction for drunk driving could result in other consequences not mentioned above, including:

  • An alcohol/substance abuse assessment
  • Required alcohol/substance abuse education
  • Additional expenses such as court costs, surcharges, reinstatement fees and administrative fees
  • The costs of installing and maintaining an ignition interlock device
  • A 5- or 10-year suspension for being a habitual traffic violator

Discuss Your Case With An Experienced DUI Defense Lawyer Today

DeVries Law Office in Indianapolis offers free initial consultations. To learn more about your drunk driving charges and how we can help, call us at 317-643-5918 or toll free at 800-555-3068. You can also contact us via email.