Understanding Criminal Laws for DUI and DWI in Indiana

Understanding Criminal Laws for DUI and DWI in Indiana

Driving Under the Influence (DUI) and Driving While Intoxicated (DWI) are serious offenses in Indiana that can have severe legal ramifications. Understanding the nuances of these laws can help drivers avoid legal troubles and ensure safer roads. In this article, we will explore what constitutes a DUI or DWI in Indiana, the penalties involved, and the steps to take if charged.

What is DUI and DWI in Indiana?

In Indiana, DUI and DWI are often used interchangeably to refer to the act of operating a vehicle while impaired by alcohol or drugs. The legal blood alcohol concentration (BAC) limit is 0.08% for most drivers over 21. However, if a driver is under 21, the BAC limit is 0.02%. Commercial drivers face even stricter penalties, with a BAC limit of 0.04%.

Behavior that may lead to DUI/DWI Charges

Drivers can be charged with DUI/DWI not only for having a BAC above the legal limit but also for displaying signs of impairment. This includes erratic driving behavior, failure to obey traffic signals, and other actions that suggest a lack of control. Law enforcement officers can conduct field sobriety tests to determine if a driver is impaired.

Penalties for DUI/DWI in Indiana

The penalties for a DUI/DWI offense in Indiana can be quite severe, ranging from fines and license suspension to jail time. First-time offenders may face:

  • Fines: Up to $5,000
  • License Suspension: 180 days to 2 years
  • Jail Time: Up to 1 year

Subsequent offenses carry harsher penalties. A second DUI/DWI offense within five years can result in:

  • Fines: Up to $10,000
  • License Suspension: 1 to 2 years
  • Jail Time: 10 days to 3 years

Moreover, Indiana has a “look-back” period of five years for prior offenses, meaning that any DUI/DWI conviction within this time frame can impact the penalties for new charges.

Defenses Against DUI/DWI Charges

If you find yourself facing DUI/DWI charges in Indiana, there are several defenses that a qualified lawyer can employ:

  • Improper Stop: If law enforcement did not have probable cause to conduct a traffic stop, evidence from that stop may be dismissed.
  • Faulty Tests: Challenges can be made against the reliability of field sobriety tests and breathalyzer results.
  • Medical Conditions: Certain medical conditions may mimic signs of intoxication.

Conclusion

Understanding the laws surrounding DUI and DWI in Indiana is crucial for all drivers. Being aware of the legal limits, potential penalties, and possible defenses can help individuals make informed decisions and avoid serious consequences. If charged with a DUI or DWI, seeking legal counsel is essential to navigate the complexities of the law.