Like all other states, Indiana prohibits motorists from operating vehicles when they have a blood alcohol concentration (BAC) of .08% or more. There is one exception to this rule, however, which applies to underage drivers who have not yet reached the age of 21. These individuals are subject to the state’s zero tolerance law, which makes it unlawful for them to operate a car with a BAC of .02% or more.
Aside from driving with a BAC of .08% or more, motorists in Indiana can also be charged with a DUI if they are arrested while driving and:
Most Indiana drivers are charged under the state’s per se DUI statute, which does not take into account a driver’s level of impairment but is based purely on blood alcohol levels. As long as a person’s breathalyzer or blood test reveals that he or she exceeded the .08% legal limit, he or she can be convicted of driving under the influence. However, these tests are not foolproof and it is not uncommon for a breathalyzer that was improperly calibrated or a blood test that was improperly performed or performed too late to come back with an incorrect result. In these cases, having the advice of an experienced DUI attorney can be crucial to avoiding conviction.
Under Indiana law, a conviction for driving under the influence remains on a person’s criminal record permanently. Usually, these offenses are charged as misdemeanors and are punishable by up to two months in jail, a $500 fine, a 180-day license suspension, and the mandatory use of an ignition interlock device for up to two months. However, if an offender was convicted of a DUI within the past five years, his or her charges will be enhanced to a felony. In these cases, if a defendant is convicted of driving under the influence, he or she could face between six months and two and a half years of imprisonment in addition to $10,000 in fines and a driver’s license suspension of a least one year.