What are the penalties for a first offense DUI in Indiana?
If you’ve been arrested for a DUI for the first time, you probably have several questions and concerns. This can be an overwhelming time in your life and may feel isolating, but you don’t have to go through it alone. An Indiana criminal defense attorney at Stein Law Group can help you learn everything you need to know about being charged with a DUI in Indiana as a first offense.
If you’ve been charged with a first-offense DUI in Indiana, you may have questions about what that means for your life and your future on the road. What penalties will you face, and what difference does it make if your DUI in Indiana is a first offense?
At Stein Law, our experienced Indiana DUI lawyers can walk you through the answers to these questions and more. They will help you prepare for court and make sure the court takes into account that this is your first offense.
What To Expect When Facing Your First DUI In Indiana
Your first DUI in Indiana is likely to be overwhelming, and you may worry about the long-term impacts on your life. When you are pulled over, and the officer suspects you may be driving under the influence, they may ask you to take a breathalyzer or a chemical drug test. It is important to comply with this test. If you refuse, you will be automatically arrested, and your refusal will be marked down for court records. You may have your license suspended for a year due to your refusal to take the test.
You will likely have your license suspended for a period of time, depending on the severity of the crime. In some cases, you may be taken to county jail for the night. Throughout this process, you have the right to an attorney. Hire an attorney as soon as possible before you make any official statement. Your attorney can represent you throughout legal proceedings, including at your hearing or trial.
How Does Indiana Define a DUI?
Indiana law prohibits “operating a vehicle while intoxicated” (OWI). This typically means drinking and driving but can refer to driving under the influence of any mind-altering substances, including prescription and street drugs. Occasionally, Indiana uses the term “driving while intoxicated” (DWI) or “driving under the influence (DUI). Although these are generally interchangeable, OWI is a broader term. By the definition of an OWI, you do not have to be driving to be arrested. Simply operating the vehicle while intoxicated is cause for arrest.
Consequences of a DUI in Indiana: First Offense
Because this is your first offense, the consequences of your DUI or OWI will likely be lessened, but they may vary depending on the circumstances of the case. Some consequences of a DUI in Indiana as a first offense include the following:
- 30 to 60 days in county jail if your blood alcohol level was between 0.08-0.14
- 1 year in county jail if your blood alcohol level was 0.15 or over
- Driver’s license suspension for anywhere between 90 days and 2 years
- Potential prison time if you caused bodily injury or death or if you had a minor as a passenger
- A fine of $500 — or $5,000 if your blood alcohol level is 0.15 or higher
In most cases, a first-offense DUI in Indiana is classified as a class A or C misdemeanor. However, if you have a minor as a passenger in your vehicle while driving under the influence, or if you cause bodily injury or death while driving under the influence, that DUI will be classed as a felony. At that point, you could face time in a state or federal prison, as well as a longer time with your driver’s license suspended.
Getting Your License Back After Your First DUI In Indiana
Your license is not typically revoked altogether, but it will likely be suspended for a period of time. When it’s time to get your license back, there are a few steps you’ll need to take.
First, you will need to prove that you have satisfied all the court’s requirements during the suspension period and that you understand the situation that led to your suspension. Second, your insurance company must provide proof to the Indiana Bureau of Motor Vehicles (BMV) of your financial responsibility. You may have an insurance suspension, with reinstatement fees that must be paid. Alternatively, you can provide SR22 insurance for 180 days, after which no reinstatement fees will be required.
Once complete, you can check your online dispute resolution (ODR) for free on your myBMV account until your license is reinstated. If there are any hang-ups in the process, it is best to contact your attorney.
Frequently Asked Questions
If this is your first offense of a DUI in Indiana, it’s only natural to have questions. Here are some of the questions we often receive at Stein Law Group.
Can your first DUI carry criminal charges?
Your first-offense DUI will most likely be classed as a misdemeanor. Misdemeanors are considered criminal charges, but they are less severe than felony charges. However, if you have a minor in the vehicle or if you cause bodily injury or death to someone in an accident, your DUI can be classed as a felony.
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Content Reviewed by:
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Attorney
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What is the penalty for a first DUI conviction?
Assuming that no one was hurt, the penalty for a first DUI conviction is 30-60 days in a county jail, as well as a driver’s license suspension for some time between 90 days and 2 years, as well as a $500 fine.
If your blood alcohol level is 0.15 or higher at the time of your breathalyzer test, your fine becomes $5,000, and you may face a longer period of time in jail or with your license suspended. If your DUI is classed as a felony, fines and sentencing time will be longer. You may also face prison time with a felony charge.
Is your license immediately suspended after an Indiana DUI?
One of the key penalties for a DUI in Indiana is a driver’s license suspension. Your license will be suspended after your DUI conviction. However, if you refuse to take a chemical drug test or a breathalyzer, your license will automatically be suspended, and your refusal will be marked down for the court proceedings.
How much does a DUI cost in Indiana?
A DUI requires a fine up to $500 for a first offense if your blood alcohol level was between 0.08-0.14. If your blood alcohol level was higher, your fine jumps to a maximum of $5,000. Fines increase steeply in the event that your DUI is classed as a felony.
Can I go to jail for my first DUI in Indiana?
Although it will depend on the circumstances of your case, going to jail after your first DUI in Indiana is a possibility. Your Indiana criminal defense lawyer can help increase your chances of smaller sentences and avoiding jail.
How Stein Laws DUI Lawyers Can Help
At Stein Law, our DUI lawyers are experienced when it comes to criminal defense and DUI cases specifically. We can help represent your rights throughout court proceedings and lessen your sentence so one mistake doesn’t ruin your life. Contact us today to learn more or to schedule a consultation.
