The pamphlet is an overview of the issues involved in a driving under the influence offense. Issues covered include elements of the offense, field sobriety tests and sobriety checkpoints, defenses, sentences, and more.
The pamphlet is an overview of the issues involved in a driving under the influence offense. Issues covered include elements of the offense, field sobriety tests and sobriety checkpoints, defenses, sentences, and more.
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Fact-Checked Code SectionIndiana Code section 9-30-5BAC Limit0.08 percentMinimum License Suspension or Revocation (1st, 2nd, 3rd offense)90 days to 2 years / 180 days to 2 years / 1-10 yearsMandatory Alcohol Education, Assessment and TreatmentNo (although both are available)
For DUAC, the focus is on the blood alcohol concentration exceeding the 0.08% threshold. This is not the case in Indiana. Here, the terms OWI and DUI are interchangeable. They are different names given to the same offense.
One of the best ways to combat an OWI charge in Indiana is to challenge the arrest itself. Far too many police officers make mistakes or break protocol when they are arresting someone they suspect of being intoxicated. These mistakes can work out in your favor when we bring them to light in court.
Indiana operates under a "zero tolerance" policy, which means drivers under the age of 21years old have a different legal BAC limit than the standard . 08%. Minors can face charges for having a BAC of just . 02%.
When you get your first DUI in Indiana, your license could be suspended. You could face up to a year of jail time and could be required to pay a fine up to $5,000. The consequences of even a first drunk driving offense are serious under Indiana DUI laws.
Another reason Arizona is known as the toughest for first-time offenses is that you will lose your license the moment you are under arrest for a DUI.
Depending on your criminal history, law enforcement agencies typically release people accused of intoxicated driving within a day of the arrest. You may have to post bail to secure your release. The severity of the situation influences how long you are held and the bail amount.
If you take a breath test and it shows that your blood alcohol content is . 08% or more, your driver's license will be suspended for a minimum of 30 days. To be released from jail, bail will have to be posted.
First-time DUI offenders will likely face misdemeanor criminal charges unless there are extenuating circumstances such as causing an accident or having a child in the car. In most cases, offenders will have their licenses suspended and be sentenced to probation.
The Top Ways to Get a DUI/OWI Charge Dismissed in Indiana Lack of or Unreliable Evidence. ... Violations of Your Constitutional Rights. ... Plea Bargains. ... Pretrial Diversion/Deferral. ... Helping You Understand Your Legal Rights.