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Indiana DUI Information

Legal Limits
You are considered to be legally drunk in Indiana if you have BAC of at least .08%. If you have a commercial driver's license, however, the limit is .04%. If you're younger than 21, the limit is only .02%.
Additionally, if your BAC is over .15%, you will face more severe punishment.

If you are convicted of OWI in Indiana, a range of punishment can be imposed.

First offenders can expect probation, payment of restitution, a license suspension and payment of court costs. Many courts require a jail sentence, even for first offenders, especially if the OWI involves an alcohol level of .15% or more.

Second offenses carry greater penalties. A felony may be imposed and reduced later; jail time may be required; probation; road crew; public restitution; home detention; and increased costs. 6 months to 1 year is a typical license suspension for a second-time OWI.

Third or subsequent offenses largely depend on the timing of your prior offenses. If you are habitual traffic violator eligible, you will lose your license for 10 years, plus anywhere from 3-9 months of jail time and a lengthy probation. You may qualify for drug or alcohol court.

Indiana OWI lawyers know that cases involving accidents and injuries usually require jail in the event of a conviction.
These penalties do not reflect the additional administrative driver's license suspension imposed in Indiana OWI cases. In 1983, Indiana law changed to allow an administrative suspension of your driver's license if you either failed or refused a chemical test - defined as a breath, blood, or urine test for alcohol or drugs.
Your administrative suspension is for 180 days if you failed a chemical test or, for 1 year if you refuse a chemical test.
Unfortunately, the fastest way for a first offender to regain their driver's license is to plead guilty. From 1983 to the present, Indiana law has been written to coerce you to plead guilty if you want a quick and easy solution to license suspension.
If you do decide to fight your case in court, it is still possible to obtain a "hardship" license if it is a first-offense case. You must file a lawsuit in the Circuit court of your home county. You do not qualify for a hardship license if you refused a chemical test.

First offenders who failed a chemical test typically may choose a 90-day license suspension or the 30-day suspension and 180-day probationary license. There will be some administrative suspension credit.
First offenders who refused a breath test are suspended for 90 days from the date the sentence is imposed, and there is no credit for the administrative suspension.
For repeat offenders, assuming you are not habitual offender eligible, if your prior conviction is less than 5 years from your current conviction, a mandatory 1 year license suspension is required. If your prior conviction is more than 5 years but less than 10 years from your current conviction, a mandatory 180-day license suspension is required. If your prior conviction is greater than 10 years from your current conviction, a 90-day suspension is the minimum.
In all cases, the above suspensions are mandatory minimums, and the judge may increase those suspensions.
If you have 3 major traffic violations in a 10 year period you may lose your license for 10 years.
If you have 1 major violation, plus 9 or more minor moving violations like speeding, then you may lose your license for 5 years.
If you drive after being found a habitual offender, you can lose your license for life.
If you drive suspended after a drunk driving conviction suspension, there is a mandatory 60-day jail sentence.

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