Indiana DUI Laws

Most states have implied consent laws in conjunction with their DUI laws. In Indiana, the implied consent law goes into affect the minute you drive a motorized vehicle on Indiana Roads. The implied consent law is in effect for any person or persons, resident or nonresident, who operates a motorized vehicle in Indiana. You automatically forfeit the right to refuse a blood, urine, or breathe test for alcohol or other controlled substances while in control of a motorized vehicle when you drive in Indiana. The first time you refuse to cooperate with an officer of the law, your driver’s license will be revoked for one year. Refusal to take sobriety tests is more serious than the actual drunk driving offense in the state of Indiana.

Indiana treats individuals arrested for DUI as a Class C misdemeanor. This applies to alcohol, marijuana, cocaine, methamphetamines and includes prescription drugs. A DUI offense will result in the loss of your license, fines, and jail time. Indiana’s DUI fines are some of the highest in the country. The state may also confiscate your vehicle.

Anyone who has blood alcohol content (BAC) of .08% or above is will receive a DUI in the state of Indiana. It is considered a crime to drive a motor vehicle under these circumstances. Individuals found with a BAC of .15% or more will face enhanced penalties. Since Indiana uses the Per Se law, there is no other proof needed to convict you for a DUI. Under age drinkers fall under the zero tolerance law. Anyone under the age or 21 will be charge with a DUI if their BAC is above 0.0%, for example, 0.01% to 0.02%. Cough syrup can put you over the limit.

A BAC of .15% or more puts you into the enhanced penalties. This means the fines and penalties will double. These penalties may include more jail time and more severe driver’s license suspensions. Repetitive DUI’s will result in harsher fines and penalties. Administrative License suspension or revocation is the loss of your license when the BAC is above state set limits or if you refuse to take any of the chemical tests for intoxication. A second penalty may involve Mandatory Alcohol Education or treatment. You will be required to complete a program as part of your probation or suspended sentence. You may loose your vehicle either permanently or for a specified length of time. You may also be required to put the Ignition Interlock Device (IID) on your vehicle at your own expense. This device will not allow you to operate your car with more than minimal alcohol content (.02) on your breath.



The first DUI offense will be considered a Class C Misdemeanor and will result in a minimum of 30 days jail time with the possibility of 60 days maximum. If your BAC is .15% or more, you may serve up to 1 year of jail time. Your fines will be $500.00 unless your BAC is greater than .15%. You will face fines of up to $5,000.00 in this case. Your license can be suspended up to 2 years with a 2 year probation attached to your sentencing. You will have pay additional court fees of $300.00 and you may be required to install an Ignition Interlock Device (IID) on your vehicle at your own expense. In addition, you may have to attend a Victim Impact Panel, serve Community Service time, attend a Substance Abuse Education Program at your own expense and submit to random urine testing.

The second DUI offense will be considered a Class D Felony and will result in a minimum of 5 days jail time with the possibility of 3 years maximum. Your fines will be up to $10,000.00. Your license can be suspended up to 180 days to 2 years with a 2 year probation attached to your sentencing. You be required to install an Ignition Interlock Device (IID) on your vehicle at your own expense. In addition, you may have to attend a Victim Impact Panel, serve Community Service time, attend a Substance Abuse Education Program at your own expense and submit to random urine testing.

The third DUI offense will be considered a Class D Felony and will result in a minimum of 10 days jail time with the possibility of 3 years maximum. There will be additional penalties if you are convicted of being a Habitual Traffic Violator. Your fines will be up to $10,000.00. Your license can be suspended up to 1 year to 10 years with a 2 year probation attached to your sentencing. You be required to install an Ignition Interlock Device (IID) on your vehicle at your own expense. In addition, you may have to attend a Victim Impact Panel, serve Community Service time, attend a Substance Abuse Education Program at your own expense and submit to random urine testing.