Indiana DUI DWI OWI Laws & Penalties in Indiana

For over twenty years I've defended people facing Indiana DUI Penalties anywhere in Indiana. A DUI in Indiana can happen to anyone. I've helped all types of men and women including teachers, doctors, lawyers, even policeman charged with DUI in Indiana and I'll help you. Being arrested for an Indiana DUI doesn't have to be one of the worst experiences of your life. Call me for a free consultation on Indiana DUI Laws. I'll give you or a loved one straightforward answers as to how to protect your liberty and/or livelihood and how we can work together to get your life back on track.

Rule # 1 of Indiana DUI Laws & Penalties: Contact a top Indiana DUI Laws & Penalties Attorney as soon as possible. In the State of Indiana you have deadlines to preserve your legal rights.. I know that understanding Indiana DUI Laws can be difficult for most people, including attorneys. With this in mind, I have included below a brief summary of Indiana DUI Laws & Penalties to better help you. In my experience when reviewing Indiana DUI Penalties, good people have the tendency to believe that the minimum sentence allowable under Indiana DUI Laws is what they expect to receive if found guilty of a DUI in Indiana. Do not make this miscalculation. When reviewing Indiana DUI Laws and becoming aware of Indiana DUI Penalties, always keep one important fact foremost in your thoughts: a prosecutor's job is to punish those charged with an Indiana DUI, they are not employed to look out for your best interests.

When you call me, you will find an Indiana DUI Laws Attorney who strives to make DUI Laws work for you. Faced with police arrest or potential criminal charges for DUI in Indiana, here you will find a DUI Laws Attorney whose job it is to help make sense of the following Indiana DUI Laws & Penalties. More importantly, when it comes to Indiana DUI Defense I know how to utilize Indiana DUI Laws to protect my clients from unnecessary legal harm. I strongly advise you to review the summary of Indiana DUI Laws I have authored below and call me at no charge with any questions. I am here to give you or a loved one the tools you need to Understand Indiana DUI Procedure, Learn Indiana DUI Penalties and most importantly, TAKE ACTION!

SUMMARY OF INDIANA DUI LAWS & PENALTIES

Operating a Motor Vehicle While Intoxicated, First Offense: (Class A Misdemeanor)

A Class A Misdemeanor is a criminal offense in Indiana punishable by up to one year in jail and up to a five thousand ($5,000) dollar fine, not including court costs, state mandated fees and probation fees and costs. Probation with terms ordered by the sentencing court can last up to one year. If a first offense, minimum ninety (90) day drivers license suspension or one hundred eighty (180) day probationary license (for work, education or court ordered probation requirements only). Such a probationary license can only be issued once at least thirty (30) days of a total suspension has been served from date of Indiana Bureau of Motor Vehicles (BMV) imposed suspension and court order has been recieved by the BMV upon case conclusion.

Second Offense Operating a Motor Vehicle While Intoxicated, With Prior Conviction Occuring Beyond Five Years: (Class A Misdemeanor)

Mandatory minimum jail sentence of ten (10) days in jail or one hundred eighty (180) hours community service work to maximum period of one year in jail. Earned jail time day for day credit can reduce imposed sentence to mandatory five (5) actual days. If prior conviction for Operating a Motor Vehicle While Intoxicated, occured beyond five (5) years but within ten (10) years as reflected by Indiana Bureau of Motor Vehicles driving record, minimum drivers license suspension imposed must be for a period of one hundred eighty (180) days to a maximum of two (2) years. Probationary license is not permitted unless court ordered suspension is in excess of the minimum period of one hundred (180) days. If so, probationary license may be requested for any period imposed in excess of the minimum one hundred eighty (180) days.

Operating a Motor Vehicle While Intoxicated with Prior DUI Conviction Within Five (5) years: (Class D Felony)

Minimum of ten (10) days in jail (5 actual days with day for day good time credit) or one hundred eighty (180) hours of community service work to a maximum of three (3) years in prison. Presumptive sentence for such an offense is one and one half years in prison. A presumptive sentence can be reduced or increased based upon a judicial determination of "aggravating" and "mitigating" factors (ex. lack of extensive criminal history, acceptance of responsibility, etc.). Above referenced earned credit time laws apply. Maximum fine of ten thousand ($10,000) dollars, not including court costs, state and court mandated fees including but not limited to probation costs and associated fees. Minimum drivers license suspension of one (1) year to a maximum of two (2) years, not including additional Indiana BMV ten (10) year drivers license suspension if three or more Indiana DUI convictions have occured within a ten year period.

Operating a Motor Vehicle While Intoxicated With at least Two Prior DUI Convictions: (Habitual Substance Offender Enhancement Eligible)

Upon third Indiana DUI Conviction one is eligible for a sentence between three (3) and eight (8) years in prison upon a prosecutor's charge that one is a Habitual Substance Offender. This mandatory prison sentence is imposed in addition to the sentence a court will impose for the underlying Indiana DUI conviction. This HSO decision is discretionary with an Indiana prosecutor. As a result, an Indiana DUI Attorney must do everything possible to attempt to prevent such an enhancement if involved soon enough.

Without the HSO enhancement, if the charged third offense DUI is for a felony, (3rd offense occuring within five years of previous DUI) the minimum sentence for the underlying DUI felony conviction is six (6) months to a maximum of three (3) years in prison. This six (6) month period in jail cannnot be suspended or vacated. In such a circumstance one may be eligible for a Work Release sentence (work by day sleep in jail facility at night) or House Arrest (released from home confinement for work or to complete probationary terms only) in place of jail upon negotiated terms between defense attorney and prosecutor and if certain legal conditions have been met for approval.

If one convicted of a felony Indiana DUI has not recieved such treatment before or within three (3) years of new DUI offense, a felony DUI in Indiana can be reduced to a Class A Misdemeanor under what is called Alternative Misdemeanor Sentencing provisions of Indiana DUI Laws. Please be advised that such treatment is not common for an HSO eligible DUI offense in Indiana.

If one has been convicted of a third offense misdemeanor Indiana DUI (Prior DUI past five years where a Habitial Substance Offender Enhancement has not been filed) or if a felony DUI has been reduced under the AMS provisions for one with two (2) prior DUI convictions, it is legally possible to have the minimum six (6) month jail term reduced to twenty (20) days or three hundred sixty (360) hours of community work service. Earned day for day jail time credit applies to reduce the actual jail sentence imposed.

*Please be advised that although an Indiana DUI court can only order an Indiana drivers license suspension for a maximum of two (2) years, one found to have accumulated three (3) DUI convictions (or other major moving violations in combination) within a ten year period will be determined to be a Habitual Traffic Violator by the Indiana BMV. Not to be confused with an HSO, a Habitual Traffic Violator (HTV) will have his or her drivers license suspended for a period of ten (10) years seperately from the court ordered drivers license suspension.*

Indiana Refusal Suspensions to Indiana Drivers Licenses

If it has been determined by an Indiana DUI court of law by a "Preponderance of Evidence" (less than the "Beyond a Reasonable Doubt" standard to be found guilty of an Indiana DUI) that one refused to submit to a test for intoxication, the Indiana BMV will suspend one's drivers license for a minimum of one year with no eligibility for a probationary license. This minumim one year refusal suspension would be consecutive or in addition to the court ordered drivers license suspension.

As a result, one can be found not guilty of a DUI in Indiana yet still suffer a mandatory loss of license if a refusal has been determined. This is so because it is the Indiana BMV and not the Indiana DUI court that would be suspending the Indiana drivers license. if one has two (2) or more prior DUI convictions and is found to have refused or been uncooperative in providing a valid test sample for intoxication, a minimum two (2) year drivers license suspension will be imposed in addition to any applicable court ordered suspension.

If a case is to be resolved by plea agreement, it is critical that the issue of a refusal allegation be noted within written plea terms. A DUI defense attorney in Indiana has the ability to "terminate" the additional refusal suspension imposed by the Indiana BMV but only if specifically noted and agreed to by a prosecutor as evidenced within a written plea agreement and on record with the court. Failure to properly address the issue of a seperately imposed BMV refusal suspension has resulted in far too many people suffering additional license suspensions that they were not aware would be imposed.

Please know that there are many other types of Indiana DUI offenses and circumstances not addressed in my brief summary. To review the actual DUI Laws in Indiana simply click on the Indiana DUI Laws links located at the top and bottom of this homepage. In addition you will find links dealing with Indiana DUI Procedure, how DUI cases in Indiana are properly defended and articles I have authored in all areas involving DUI defense. Know Indiana DUI Laws. Be Aware of Indiana DUI Penalties. Take Action!