dwi laws

Indiana DUI Laws & Indiana DUI Attorneys


You can be arrested for an Indiana DUI or OWI in one of two ways. If your driving pattern indicates that you were under the influence of alcohol or drugs, you could be arrested for OWI. Also, if you take a blood alcohol content test (BAC) and it reads .08% or higher, you will be arrested based on the state's per se law.

Indiana OWI Arrests

If you are pulled over for suspicion of OWI in the state of Indiana, you will be asked to submit to a BAC test. You can refuse to take this test, which can make it more difficult to prove that you were, in fact, under the influence of alcohol, but doing so can be used against you in court. Also, if you refuse to take the test, you will face automatic suspension of your driver's license. You do not have the right to talk to a lawyer before deciding whether or not to take the test. At the time of your arrest, the arresting officer will take your license, but you can still drive until you receive your suspension from either the court or the Indiana Bureau of Motor Vehicles.

When facing your court case in the state of Indiana, you will want to be represented by a lawyer. While pleading guilty can make it easier to get your license back, doing so will add an OWI offense to your record. Having an OWI on your record can be problematic, because Indiana has strict consequences for repeat offenders, and the conviction will stay on your record for five years. A lawyer will help you decide the best way to handle your case.

Basic Consequences for First Time Offenders

A first time arrest for Indiana OWI brings with it the following consequences:

The state of Indiana is unique in that it allows first time offenders to defer their charges in order to complete an alcohol evaluation and treatment program. If you successfully complete the program, your charges will be dropped. This option is only available one time. If you are convicted of more than one OWI within five years, you will face stricter penalties. In Indiana, the first offense is considered as a misdemeanor. You can go to Indiana Department of Correction for Indiana first offenders program, such as AA/NA/CMA (Alcoholics Anonymous, Narcotics Anonymous and Crystal Meth). This program is targeted for self help and supportive in its operation. Volunteers are available at the facilities who can share their story and help out those who are suffering any type of addiction, including alcohol and drugs.

License Suspensions for Indiana OWI

Besides potential time in jail and the fees you will pay for your arrest, you will also face losing your license. The license suspension times are as follows:

Indiana does allow first time offenders to apply for a hardship license after 30 days. This license will allow the driver to travel to and from work or school. Also, with the completion of the alcohol treatment program, the license suspension may be reduced. If you refuse to take the BAC test, you will lose your license for one year

Insurance Consequences

When you are convicted of an Indiana OWI offense, you will find that it is difficult to get insurance coverage. If your current insurance company does not drop your policy completely, it will increase your premiums considerably. If your insurance company does drop you, finding a new insurance provider willing to cover you with your conviction can be difficult. However, you will have to have coverage in place before you can get your driver's license back.



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