Indiana DUI: Penalties and Criminal Charge Defense

Indiana DUI Law encompass a number of driving under the influence offenses, such as per se limit violations, zero tolerance violations by minors with BAC of .02, enhanced penalties for BAC of .15 or higher, and administrative suspensions under implied consent laws. All these DUI related laws are in addition to the standard DUI charge in the state of Indiana, which is driving under the influence with a BAC of .08 or higher.

Penalties Associated with an Indiana DUI Charge

• First offense DUI convictions, which are a class C misdemeanor, carry penalties of thirty (30) days to sixty (60) days of incarceration, fines of up to $5,000, and license suspension of up to two (2) years

All offenses and sentencing for first time offenses are subject to the discretion of the courts, which may suspend the sentence and impose a prolonged probation period, requiring urine screenings, ignition interlock devices, alcohol abuse counseling, and other case-specific conditions.

• Second offense DUI convictions are a class D felony offense, carrying a mandatory sentence of five (5) days of incarceration with the potential of up to three (3) years, fines of not more than $10,000, and mandatory license suspension of up to two (2) years. Additional, case-specific conditions of sentencing may be incurred, including probation periods, interlock devices, community service requirements, and others.

• Third offense DUI is a class D felony, carrying mandatory incarceration of at least ten (10) days, but not more than three (3) years, fines of not more than $10,000, and license suspension of up to ten (10) years, pending the discretion of the courts. Additional penalties associated with completion of sentence include lengthy probation periods, interlock devices, community service requirements, and other case-specific mandates.

Methods Used in an Indiana DUI Defense

• Having legal counsel during any defense attempt is important. The jurisdiction of the arrest and ensuing criminal case will greatly influence the ability of an offender to obtain some form of an alternative or suspended sentence in lieu of conviction or incarceration, which will often employ a lengthy and restrictive probation period, but greatly reduces fallout from conviction

• If possible, contesting the actual charge itself, instead of negotiating possible penalties upon conviction or guilty plea, will entail first contesting the legality of the traffic stop incident to the DUI arrest

• Contesting and evaluating the accuracy of any information used by prosecutor’s case also relevant, specifically the accuracy and maintenance of BAC testing devices and results

• Several complications arise following a DUI arrest, including administrative and criminal at the very least. Having legal counsel is important for addressing these hearings and issues, which cover the driver’s license status, as well as other criminal issues

Getting Legal Help with Preventing an Indiana DUI Conviction

For more information and insight about your specific DUI case in Indiana, as well as how to defend against your specific criminal charges, it is imperative to consult with a criminal defense lawyer in Indiana with experience in defending DUI related criminal cases.