Driving under the influence or ‘drunk driving’ can land a person into a lot of trouble with the law. If a person is caught DUI in Indiana they will often have to pay fines and will likely have their license suspended.
The severity of their penalty will increase depending on how drunk they had been and also on whether this was their first violation or if this was a repeated violation. The severity of their penalty will also depend on how much damage they caused while DUI.
What comes under DUI in Indiana?
In Indiana, a person is considered to be DUI if they are operating any sort of vehicle while having a blood alcohol content (BAC) of .08% or above. When a police officer pulls a person over on the suspicion that the driver is drunk they will generally take a breath analyzer test on the spot to determine if a person is driving while they have surpassed the legal limit. A breath analyzer device is used to detect estimated BAC.
The legal limit actually varies depending on what sort of vehicle a person is driving and the age of the person as well. If a person is driving a commercial vehicle like a bus or a truck then their BAC has to be at or under the legal limit of .04%. For individuals who are under the age of 21, their legal BAC limit is even lower, at .02%.
Under what conditions can an officer arrest me according to the Operating While Intoxicated (OWI) law?
According to the OWI an officer is allowed to lay charges on a driver f they have a BAC which surpasses the limit for their particular category, or also if they feel like the behavior of the driver indicated they are DUI. The reason for the second rule is because many drivers who drive under the influence of different drugs and narcotics would be allowed to go if the criterion to lay charges was only based on their BAC.
What if I get into an accident while DUI?
If a person is unfortunate enough to get into an accident while DUI, they have more chances of facing severe penalties by the court. Getting into an accident is an aggravating factor in a DUI case and if anyone finds themselves in this situation they definitely need to get in touch with a DUI lawyer in Merrillville, Indiana to give them a fighting chance at reducing their penalties.
A regular DUI case is often considered a misdemeanor crime, especially if it is the first time a person is caught. However, if an accident occurs it automatically becomes a felony and the charges are increased accordingly.
Since Indiana follows a comparative fault system when it comes to car accidents, a drunk driver is at risk of having their insurance hit pretty hard by the other party since they were most likely more at fault when causing the accident. However, if they can prove that the other driver was at least 51% responsible for the accident then they may be free from having to pay the damages associated with the accident.
DUI can lead to a lot of legal complications for the person who was caught in the act. If a person wants to ensure they reduce their penalties as much as possible they should contact a lawyer to help defend them during their trial.