Charged with a DUI in Indiana? Here’s What You Need to Know

A DUI (Operating While Intoxicated, or OWI, in Indiana) charge can have serious consequences, including fines, license suspension, and even jail time. If you’ve been arrested for a DUI in Indiana, understanding the legal process and your options is crucial. Here’s what you need to know about defending against a DUI charge.

What Constitutes a DUI in Indiana?

In Indiana, you can be charged with DUI if:

Your Blood Alcohol Content (BAC) is 0.08% or higher (0.02% for drivers under 21).
You are found to be operating a vehicle under the influence of alcohol or drugs, even if your BAC is below 0.08%.

Penalties for DUI in Indiana

The penalties for a DUI depend on factors such as BAC level, prior offenses, and whether an accident occurred. Potential consequences include:

First Offense: Up to 1 year in jail, fines up to $5,000, and a license suspension of up to 2 years.
Second Offense: Minimum 5-day jail sentence, fines up to $10,000, and a mandatory license suspension.
Felony DUI (Third Offense or More): Possible prison time, long-term license revocation, and installation of an ignition interlock device.
The Charge May Be Enhanced. If driving with a child in the car, or causing injury to someone, the DUI Charge may be enhanced to a higher-level felony.

Defending Against a DUI Charge

There are several ways to challenge a DUI charge, including:

Questioning the Traffic Stop – Was there a valid reason for the police to stop you?
Challenging the BAC Test – Breathalyzer and blood tests can be inaccurate due to improper administration or faulty equipment.
Examining Police Procedures – Law enforcement must follow strict procedures, and any deviation can impact the validity of the charges.
Medical and Environmental Factors – Certain medical conditions or external factors can lead to false BAC readings.

What Should You Do After a DUI Arrest?

Remain Silent – Anything you say can be used against you. The officers are not there to help you escape the charges.
Do Not Consent to Field Sobriety Tests – These tests are subjective and often unreliable. They depend on the quality of the officers training, and can lead to false positives.
Contact an Experienced DUI Attorney Immediately – A skilled lawyer can review your case, challenge evidence, and help minimize penalties.

We Can Help You Fight Your DUI Charge

If you’ve been charged with a DUI, don’t face it alone. The attorneys at Harshman Ponist Smith & Rayl, LLC have extensive experience defending DUI cases and can help you navigate the legal process.

Call us today at 317-964-6000 to schedule a consultation.

A DUI charge doesn’t have to ruin your future—let us fight for you!