To drive a vehicle under the influence of alcohol or drugs is a criminal offense. Any driver found with blood alcohol content (BAC) of more than 0.08% in Indiana as with all the states is liable to be charged with DUI. While 0.08% is the legal limit for drivers over 21, drivers below 21 are likely to be charged for driving with a BAC of 0.02% while the limit for commercial vehicle drivers is 0.04% in the state.
So, if you wish to drink and drive in Indiana, you are not only risking your life and that of others but your finances, freedom, and future, whether you have had a couple of beers or more. You will need legal help if you make this mistake. Strong legal help can be found right here: https://usattorneys.com/.
First time DUI offenders
According to Gary, Indiana DUI lawyers, first time offenders are slapped with a Class ‘C’ misdemeanor in addition to court costs of $300 and fines that range up to $5,000. In addition, you could face jail time of 60 days up to 1 year and have your driver’s license revoked for a minimum of 30 days and up to two years.
This is followed by a probationary period where your driving privileges will be restricted while you may be ordered to enroll in a court approved substance abuse program at your own cost. Depending on the severity of the case, you may need to install an ignition interlock device in your car. Several first time offenders in Indiana also end up attending a victim impact panel.
Second and third DUI
The punishment for a second DUI conviction is obviously harsher with jail terms ranging from 5 days to 3 years and fines as high as $10,000. Offenders can also expect their driver’s license to be suspended anywhere from 6 months to 2 years. Other penalties include probation, enrollment in a substance abuse program and installation of an ignition interlock device. You will need a Gary, Indiana DUI defense attorney to help you through this.
However, the consequences for a third DUI in Indiana are more severe with mandatory jail time of a minimum of 10 days up to 3 years. Depending on the severity of the case, the offender’s driver’s license can be suspended for a minimum of 1 year and up to 10 years. Other penalties include those similar to a second DUI in addition to fines up to $10,000.
Indiana’s implied consent law
According to Indiana DUI laws, it is mandatory to take a breath, blood or urine test, when arrested on suspicion for DUI. If a police officer has probable cause to believe you have been driving under the influence, you automatically consent to taking the tests within three hours of being pulled over. First time offenders who refuse to take the test will risk having their driver’s license suspended for a year.
If you are involved in an accident that caused serious injuries or resulted in death, the arresting officer has the right to ask you to take more than one chemical test. Even if you are unconscious due to the accident, according to the implied consent law, you still give your consent to blood or urine tests.
Upon refusal to take a test, the officer will inform you about the suspension of your driver’s license. However, according to Indiana DUI lawyers, you cannot be forced to take a test although your license will be taken away by the officer.
You will be given an opportunity at a hearing within 20 days of your arrest to get back your license. However, if the court denies your appeal your license will be suspended for 1 year. If you have been arrested on a DUI charge, it is prudent to seek help from a fantastic and remarkable Indiana DUI defense lawyer since a conviction can have serious consequences.