Driving under the influence of alcohol is illegal in Indiana. Operating while intoxicated (OWI) and driving under the influence (DUI) occur when a person is impaired while behind the wheel from alcohol, prescription drugs, narcotics, or other substances. In Indiana, the state’s laws refer to both drunk and drugged driving as OWI, though it is common for people to refer to the process using both terms. A Northwest Indiana OWI/DUI lawyer can answer all your questions.
Here is what you need to know about OWI laws in Indiana.
Under Indiana’s OWI laws, a person may not operate a vehicle while intoxicated. The law prohibits people from being behind the wheel if they have a blood alcohol concentration (BAC) of .08% or higher, have used any amount of a Schedule I or Schedule II controlled substance (or have any amount in their system), or are intoxicated because they have alcohol or drugs in their system.
In Indiana, it is illegal for anyone under the age of 21 to use these substances. For that reason, if a person is under the age of 21 and driving, they cannot have a BAC of more than .02%.
The Indiana laws related to commercial truck drivers are even more intense. A person behind the wheel with a commercial driver’s license cannot drink and drive. The legal BAC for commercial driving is .04%.
Criminal Charges Possible in an OWI Case in Indiana
A person found guilty of OWI in Indiana faces numerous potential legal challenges. Penalties for OWI include:
- Fines and assessments for your license
- Driver’s license suspension
- Community service
- Jail time or prison sentences
- Alcohol and drug testing, assessment, and treatment programs
- Installation of an ignition interlock device is required if allowed to drive
- DUI probation
Fines and jail sentences can increase if a person is facing charges involving injury to another person or damage to another person’s property. You may also face more serious charges and penalties if you have been convicted of OWI in the past.
IF this is a first-time offense, an OWI conviction can result in up to 60 days in jail and fines of $500. In situations where this is the first time you face a conviction, but your BAC was .15% or higher, the jail sentences increase by one year, and fines increase to $5,000.
Those with more than one OWI conviction may see increased penalties, including jail times of up to 2.5 years or longer. Fines can reach $10,000 or more. A driver’s license suspension of two years is also possible.
Indiana’s OWI Implied Consent Laws
Indiana has an implied consent law. That means that you must submit a breathalyzer test if a police officer pulls you over for suspected OWI. If a police officer requests that you take a roadside breathalyzer test, you can refuse to do so. If you refuse, though, your driver’s license is automatically suspended at that time, and it remains that way for a full year. You also may not qualify for a hardship license if you failed to submit to a roadside breathalyzer test.
Seeking Legal Support Can Prove Critical
If you are facing charges of OWI in Indiana, it is essential to know your rights. Working with a local DUI defense attorney can help you know what your rights are and how to navigate this challenging situation with confidence.