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Indiana DUI Law

Driving Under the Influence Offenses

First Offense with BAC .08 - .15

This is a Class C misdemeanor with a maximum jail term of sixty (60) days. In addition, the offender may be fined up to $500.

First Offense with BAC Greater than .15

This is a Class A misdemeanor with a maximum jail term of one (1) year. In addition, the offender may be fined up to $5,000. There is no mandatory minimum jail term.

Second Offense in Five (5) Years

This is a Class D felony with a jail term of between six (6) months and three (3) years. The recommended sentence is one and a half years. Additionally, the offender may be fined up to $10,000. The mandatory minimum jail term is 5 days and 180 hours of community service. The court will also order a drug and alcohol assessment and, if appropriate, treatment. The court may allow the jail time to be split up in order to allow the defendant to continue employment. However, in all cases, at least 48 hours must be served consecutively and the entire term must be served within 6 months of conviction.

Third Offense in Five (5) Years

This is a Class D felony with a jail term of between six (6) months and three (3) years. The recommended sentence is one and a half years. Additionally, the offender may be fined up to $10,000. The mandatory minimum jail term is 10 days and 360 hours of community service. The court will also order a drug and alcohol assessment and, if appropriate, treatment. The court may allow the jail time to be split up in order to allow the defendant to continue employment. However, in all cases, at least 48 hours must be served consecutively and the entire term must be served within 6 months of conviction.

Travelling with a Minor (Under 18) in the Vehicle

This is a Class D felony with a jail term of between six (6) months and three (3) years. The recommended sentence is one and a half years. Additionally, the offender may be fined up to $10,000.

DUI that Causes Serious Bodily Injury to Another

This is a Class D felony with a jail term of between six (6) months and three (3) years. The recommended sentence is one and a half years. Additionally, the offender may be fined up to $10,000. A separate offense may be charged for each person injured in the accident.

If Offender has a prior DUI in the last 5 years

This is a Class C felony with a jail term of between two (2) and eight (8) years. The recommended sentence is four (4) years. Additionally, the offender may be fined up to $10,000.

DUI that Causes the Death of Another

This is a Class C felony with a jail term of between two (2) and eight (8) years. The recommended sentence is four (4) years. Additionally, the offender may be fined up to $10,000. A separate offense may be charged for each death caused in the accident

If Offender has a prior DUI in the last 5 years

This is a Class B felony with a jail term of between six (6) and twenty (20) years. The recommended sentence is ten (10) years. Additionally, the offender may be fined up to $10,000.

If Offender’s BAC was greater than .15

This is a Class B felony with a jail term of between six (6) and twenty (20) years. The recommended sentence is ten (10) years. Additionally, the offender may be fined up to $10,000.

Driving Under the Influence Underage

If a person under the age of 21 drives with a BAC of between .02 and .08, they may be charged with a Class C Infraction. The court may suspend the offender’s license for up to a year.

License Suspensions

Zero Prior Offenses – Suspension will be for 90 days – 2 years. Prior Offense more than 10 Years Ago – Suspension will be for 90 days – 2 years. Prior Offense 5 – 10 Years Ago – Suspension will be for 180 days – 2 years. Prior Offense Less than 5 Years Ago – Suspension will be for 1 year – 2 years.

You may request a probationary license in order to drive to and from work, court ordered treatment programs and other places authorized by the court. However, the probationary license will not go into effect for at least thirty (30) days from the time of conviction. It may be rescinded upon any traffic violations or the violation of any conditions the court wishes to put on the probation.

Emergency Vehicle Restitution Fund

If emergency vehicles are called to the scene of an accident that involved alcohol, the defendant may be ordered by the court to pay up to $1,100 to the Emergency Medical Services Restitution Fund.