Indiana's Drunk Driving Laws

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 DeVries + Kelly to speak to a qualified criminal defense attorney.

What Is Considered Drunk Driving?

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 .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 .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 .02 percent.

Possible DUI Penalties In Indiana

Jail Time

Penalties And Fines

(Based on BAC)

License SuspensionRefusal To Submit To Chemical Test
First OffenseUp to 1 year$500 to $5,000Up to 1 yearAn additional 1-year suspension
Second Offense5 days up to 2.5 yearsUp to $10,000At least 1 year, at most 2.5 yearsAn additional 2-year suspension
Third Offense10 days up to 2.5 years, plus up to another 8 years if the prosecutor files a habitual substance offender enhancementUp to $10,000At least 1 year; at most 10 yearsAn 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 driver's license suspension for being a habitual traffic violator

No matter the charges and penalties you face, the legal team at DeVries + Kelly is prepared to help. To learn more, call us at 317-643-5918. You can also contact us via email. Initial consultations are always free in matters involving intoxicated driving.