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Heather Jones

If you have stumbled upon this article, you have probably been stopped for driving drunk in Indiana. A DUI in Indiana is a very serious matter. It can also be incredibly stressful not knowing what will happen next. The best first step is to consult with a DUI defense attorney in Indiana who can explain your situation and help you mount whatever defense is available to you. Read on to find out more basic information about DUI in Indiana, such as whether you can have the charges reduced or removed and what the penalties for DUI in Indiana are.  

Police car pulling over someone for a DUI


What is a DUI In Indiana?


In Indiana, you can be found guilty of a DUI if caught driving under the influence of alcohol or drugs. The minimum blood alcohol content to be found guilty of a DUI in Indiana is .08%. If you are under the age of 21 and have a blood alcohol content, you will be found guilty regardless of the level of alcohol in your blood. You could be found guilty of DUI if you are high or have just taken prescription medication if there was a warning on the label not to drive while taking the medication.  



How Long is My License Suspended for a DUI in Indiana?


If you are caught driving drunk or high in Indiana, the following penalties could be applied to you:  


1st Offense - driver’s license suspended or revoked for a period of 90 days to 2 years, depending on surrounding circumstances. For example, how drunk were you? Was anyone hurt? Was there property damage? Did you have minors in the car when the officer pulled you over? The court will look at all of those factors.  


2nd Offense - driver’s license suspended or revoked for a period of 180 days to 2 years. Again, the court will look at the abovementioned factors when deciding how long your license is taken away.  


3rd Offense - driver’s license suspended or revoked for 1-10 years.  


Felony DUI in Indiana - A DUI could be a felony, even on the first offense, if you killed someone while driving drunk or high, if there were minors in the car when pulled over or if you have had a DUI conviction in the last seven years. So, if you get your first DUI and then a second four years later, the court could find you guilty of a felony.  

Man taking breathalyzer test in car

Can I Remove DUI Charges in Indiana?


You can always try to have your DUI record expunged in Indiana, but it will be a long and uphill battle. A certain amount of time must have elapsed from the date of your conviction to when you petition the court for expungement, and even then, there is no guarantee. If you have a first-offense DUI, for example, the waiting period to even ask for expungement is five years. If you have repeat or more severe DUI charges, the waiting period gets even longer, and again, there is no guarantee the court will grant your petition.  


Can I Reduce DUI Charges in Indiana?


It depends if you are a first-time offender or are willing to do extra work to reduce or even get rid of your DUI charge.  


Indiana Wet Reckless Charge- if you did not harm anyone when you were driving drunk, and you can demonstrate to the court that your life would be severely and negatively affected by a DUI conviction, you may be able to get a lesser charge known as “wet reckless” in Indiana. You would plead guilty to reckless driving that involved alcohol, but you would not receive a conviction of DUI, which could be helpful to your future. The point here is that you must be able to show the court a clear connection between a DUI conviction and a severe impact on your life. Just saying it will ruin you won’t do it; your attorney will need evidence to present in order to get a different charge.  

Officer doing DUI test next to police car


Voluntary Completion of Alcohol Rehabilitation Program- in Indiana, a first-time offender might be able to avoid a conviction of DUI if they reach a plea deal with the prosecutor. It would be helpful to have an Indiana DUI defense attorney to help you with this. With this deal, they may drop the charges if you voluntarily complete an alcohol rehabilitation program. You would have to pay for the program, and it would be time out of your day, but it would avoid having the conviction appear on your record.  

If you have been charged with DUI in Indiana, it is not a good idea to represent yourself. There is a possibility that your charges could be reduced or eliminated, and a reasonable DUI defense attorney will be able to present the best possible defense or negotiation on your behalf. Feel free to give O’Flaherty Law a call, and our experienced DUI defense attorneys will be happy to help you.  

Disclaimer: The information provided on this blog is intended for general informational purposes only and should not be construed as legal advice on any subject matter. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship. Each individual's legal needs are unique, and these materials may not be applicable to your legal situation. Always seek the advice of a competent attorney with any questions you may have regarding a legal issue. Do not disregard professional legal advice or delay in seeking it because of something you have read on this blog.

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