1. What are the minimum and maximum penalties for a first time DUI offense in Indiana?
The minimum and maximum penalties for a first time DUI offense in Indiana are a fine up to $5,000, possible jail time of up to one year, and the suspension of the driver’s license for up to two years.
2. What is the legal Blood Alcohol Content (BAC) limit in Indiana?
The legal Blood Alcohol Content (BAC) limit in Indiana for persons 21 years of age or older is 0.08%.
3. Is it a criminal offense to refuse to take a chemical test after being pulled over for suspicion of DUI in Indiana?
Yes, it is a criminal offense to refuse to take a chemical test after being pulled over for suspicion of DUI in Indiana. According to Indiana law, a person who refuses a chemical test after being arrested for operating a vehicle while intoxicated (OWI) can be charged with a Class A misdemeanor.
4. How long does a DUI conviction stay on an individual’s record in Indiana?
A DUI conviction in Indiana stays on an individual’s record permanently and can not be expunged.
5. Are there any exceptions to the zero tolerance policy on underage drinking and driving in Indiana?
Yes, there are two exceptions to Indiana’s zero-tolerance policy on underage drinking and driving. The first exception is for drivers who are under the age of 21 but are transporting farm-related products or food products in the regular course of their work. The second exception is for drivers who are under the age of 21 but are transporting themselves or passengers to an emergency medical facility due to an immediate medical need.
6. Are there any restrictions on the sale or possession of alcohol for drivers under 21 years of age in Indiana?
Yes. In Indiana, persons under 21 years of age are prohibited from possessing, consuming or purchasing alcohol. It is also illegal for a person of any age to purchase alcohol for an underage person.
7. Are there any ignition interlock laws in Indiana?
Yes, Indiana has an ignition interlock law in place. All individuals convicted of an OWI (operating a vehicle while intoxicated) must install an ignition interlock device in their vehicle if they wish to drive legally. Furthermore, the state has a voluntary program in place for individuals who have not been convicted of an OWI but wish to have an ignition interlock device installed in their vehicle.
8. What type of license suspension is issued for a DUI conviction in Indiana?
In Indiana, if you are convicted of a DUI offense, your driver’s license will be suspended for a period of 180 days. For a second or subsequent offense, the period of suspension can range from one year up to a maximum of two years.
9. Is an individual required to attend drug and alcohol classes or treatment programs after being charged with a DUI in Indiana?
Yes, individuals who are charged with a DUI in Indiana may be required to attend drug and alcohol classes or treatment programs. The court may require an individual to attend classes or treatment programs as part of any sentence imposed for a DUI conviction. The court may also order the individual to undergo a chemical dependency assessment and follow any recommended treatment recommendations.
10. Does Indiana have an implied consent law for chemical testing after a DUI arrest?
Yes, Indiana has an implied consent law for chemical testing after a DUI arrest. The law states that any person who operates a motor vehicle in Indiana is deemed to have given their implied consent to a chemical test of their breath, blood, or urine for the purpose of determining the alcohol or controlled substance content of their blood.
11. Are there any laws requiring sobriety checkpoints or roadblocks in Indiana?
Yes, Indiana does require sobriety checkpoints and roadblocks. Indiana law allows police officers to set up sobriety checkpoints and roadblocks in order to detect and deter impaired driving. The checkpoints must be conducted in a uniform and non-discriminatory manner, and must be announced in advance.
12. Are there any restrictions on the types of vehicles an individual may operate following a DUI conviction in Indiana?
Yes, there are restrictions on the types of vehicles an individual may operate following a DUI conviction in Indiana. The individual may be subject to an ignition interlock device (IID). This device requires an individual to blow into a breathalyzer machine before starting the vehicle. Additionally, the individual may be subject to a limited driving permit, which will restrict the times and places where the individual may drive.
13. Is it possible to have a DUI charge reduced to a lesser offense in Indiana?
Yes, it is possible to have a DUI charge reduced to a lesser offense in Indiana. The prosecutor may be willing to reduce the charge to a lesser offense if there are mitigating circumstances or if the defendant has not had any prior DUI convictions. Additionally, some DUI defense attorneys may be able to negotiate a plea bargain with the prosecutor in order to reduce a DUI charge to a lesser offense.
14. What is the legal limit for open containers of alcoholic beverages while driving in Indiana?
It is illegal to consume or possess an open alcoholic beverage while operating a motor vehicle in Indiana.
15. Does insurance coverage change after a DUI conviction in Indiana?
Yes, insurance coverage does change after a DUI conviction in Indiana. Insurance companies may increase premiums or cancel the policy altogether. Drivers convicted of a DUI in Indiana may also have to carry an SR-22 form, which serves as proof of financial responsibility and must be filed with the Indiana Bureau of Motor Vehicles.
16. Are there any circumstances where an individual may drive with revoked license resulting from a DUI conviction in Indiana?
No. In Indiana, a revoked license due to a DUI conviction can never be reinstated. Even if the individual completes all requirements of their DUI sentence (such as attending a substance abuse treatment program, performing community service, and paying fines and fees), their license will remain revoked indefinitely.
17. Are there any laws that make it illegal to operate a vehicle without insurance after being convicted of a DUI in Indiana?
Yes, Indiana law requires that persons convicted of a DUI maintain a policy of liability insurance for a period of three years. It is illegal to operate a motor vehicle without insurance after being convicted of a DUI in Indiana.
18. Is plea bargaining allowed for DUI cases in Indiana?
Yes, plea bargaining is allowed for DUI cases in Indiana. Depending on the circumstances of the case, a plea bargain may be offered by the prosecutor in exchange for a reduced charge or reduced sentence.
19. How long does an individual have to request a hearing with the DMV regarding driver’s license revocation for a DUI conviction in Indiana?
In Indiana, an individual has 14 days to request a hearing with the DMV regarding driver’s license revocation for a DUI conviction.
20. Does Indiana offer any programs that allow individuals to get their driver’s license reinstated following a DUI conviction?
Yes, Indiana does offer programs for individuals to get their driver’s license reinstated following a DUI conviction. The state has implemented new programs such as the Ignition Interlock Program and the First Offender Program, which allow individuals to complete certain conditions in order to be eligible for a restricted driver’s license or full reinstatement, depending on their situation.