Indiana DUI Law & Lawyers: DUI-Web

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When you are arrested for an OWI (Operating While Intoxicated) in Indiana, you will have to defend two separate cases. The first case is the criminal court case in which you can be subject to various punishments including fines, mandatory alcohol rehabilitation classes and even jail time. The second case is the case against the Indiana Bureau of Motor Vehicles in which the only issue at stake is your privilege to drive.

With respect to be criminal case you can be prosecuted under two separate theories. The first theory, and the most common theory, is the “per se” theory. This means that you can be prosecuted for an OWI if you were driving with a blood alcohol content (BAC) of .08% or more. Under the second theory the State will try to prove that you were operating a vehicle when you were not of sound mind and body to safetly operate a motor vehicle as a result of your consumption of alcohol, regardless of your BAC. This is typically known as the "under the influence" theory and is typically brought in cases where your BAC was under the legal limit.

Another caveat to Indiana OWI law is that when you are tested the law-enforcement officer has the choice of selecting the BAC test method of either blood, breath or urine. You have no choice in what medium of test take. In addition, you have no right to consult with a lawyer before deciding whether or not to take the BAC test.

With respect to your driver's license, the officer will take your license at the time of your arrest. You will be issued a receipt for your license, meaning that your license is not suspended when the officer takes your driver's license. You may even apply for a duplicate license to be issued until your suspension takes place with the Indiana Bureau of Motor Vehicles. If and when your license becomes suspended you will no longer be able to drive on either license.

For your first offense you can expect probation, payment of restitution, a mandatory license suspension and payment of court costs. Indiana may enhance the punishments if your OWI involved an alcohol level of .15% or more. This also may result in mandatory jail time.

A second offense may result in a felony charge if the prior offense occurred within five years. The punishments may include mandatory jail time, probation, involvement on a road crew, public restitution, increased fines and even home detention. A one year driver's license suspension is typical for a second time OWI.

If your third offense has been committed within a 10 year period, the State will impose a habitual traffic violator status on your record. If you are labeled a habitual traffic violator, you will lose your license for 10 years, with a mandatory 3 to 9 month jail time and lengthy probation.

Indiana Driver's License Consequences

Under Indiana law your driver's license can be suspended if you either fail a blood alcohol test or refused to take the chemical test. Typically the suspension can last for 180 days if you fail the chemical test or one year if you refuse the chemical test.

You can either plead guilty to the suspension with a first offense case or you can fight your case with the Indian Bureau of Motor Vehicles. If you plead guilty you can choose either a 90 day suspension or a 30 day suspension followed by 180 days of probationary driving for work and/or school. In most cases you will need to obtain high risk insurance (SR-22) to obtain your license. If you refuse the chemical test you will not qualify for a hardship license. If you drive during your suspension, there is a mandatory 60 day jail sentence.

It is important to remember that the suspensions imposed by the criminal courts are separate and different from any suspensions imposed by the Indiana Bureau of Motor Vehicles. The criminal court can impose additional license suspensions and there is usually no credit given for your administrative suspension.