Indiana Driving Under Influence Lawyer, Indiana Driving Under Influence Attorney

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Blood Alcohol Concentration

0.08

Suspension of licence for administravtive reasons after first offense?

180 days

Can driving priviledges be restored during suspension?

after 30 days

Penalties include forfeiture or ignition interlock?

no/yes

"Open Container" laws

driver

Indiana Operating While Intoxicated Law

Drinking driving in Indiana is known by the name “Operating While Intoxicated” or OWI for short.

If you are arrested on an OWI charge, the arresting officer will confiscate your license - however at this point you are not suspended and you can apply for a duplicate license from the Bureau of Motor Vehicles.

Charges for OWI in Indiana can be brought under either, or both, the doctrine of being under the influence of alcohol or drugs whereby the defendant's mental or physical capabilities are impaired, affecting the defendant's ability to drive. The second recourse of action is to Blood Alcohol Concentration, currently set at 0.08%, under which the defendant can be charged regardless of whether or not the person is impaired. This method is based on body chemistry rather than how the vehicle in question was actually being driven.

In general OWI cases are misdemeanors, however when BAC is in excess of 0.15% it becomes a felony.

Indiana OWI law states that a chemical sample must be taken and that the form of that test, whether of blood, breath or urine, is the prerogative of the arresting officer.

Conviction Punishment
First Fine of not more than $500, up to 60 days in jail or up to a year if BAC higher than 0.15%, in which case fine is up to $5000. License suspended for 90 days or 30 days with 180 day probationary license.
Second Fine of up to $10000, 5 days mandatory imprisonment or 30 days community service License suspension from between 1 year if previous conviction was less than 5 years ago, if more than five years ago then 180 day suspension. If a previous conviction was over 10 years ago, then a 90 day minimum suspension.
Third and subsequent Fine of up to $10000, 10 day mandatory jail term or 60 days community service. If you have 3 or more convictions in a ten year period, you could lose your license for up to ten years. If you are found to be a habitual offender then you may lose your license for life.

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