What Constitutes Driving Under the Influence in Indiana?

The legal landscape is often perplexing, particularly regarding criminal laws, which can vary significantly from one state to another. When arrested for a crime, it might be bewildering to realize that what was assumed to be lawful in one jurisdiction may not hold the same status in another. If you’ve been arrested for a DUI in Indiana and are confused about why, The Bellinger Law Office is here to help you understand. With years of criminal defense experience, we have deep insight into what constitutes driving under the influence in the Hoosier state.

What Is a DUI?

A DUI, or Driving Under the Influence, refers to operating a motor vehicle while impaired by drugs and/or alcohol. The level of impairment can vary and may be influenced by factors such as age, weight, gender, amount consumed, and tolerance levels.

According to Indiana law an individual is considered to be driving under the influence if their blood alcohol concentration (BAC) level is at or above 0.08%. This limit applies to all drivers over the age of 21. The limit for commercial drivers is lower at 0.04%, and for people under the legal drinking age, any amount of alcohol in their system can result in a DUI.

Other Impairing Substances

While driving under the influence of alcohol is perhaps the most well-known form of DUI, it’s essential to note that other substances can also impair an individual’s ability to operate a vehicle safely. In Indiana, it is illegal to drive while under the influence of not just alcohol but also controlled substances such as marijuana, cocaine, and prescription drugs.

The state has a zero-tolerance policy for drugged driving, meaning that any trace amount of a controlled substance in an individual’s system can result in a DUI charge.

How Police Will Determine If You’re Under the Influence

If you’ve been pulled over by law enforcement in Indiana for suspected DUI, they may ask you to submit a field sobriety or breathalyzer test. Refusing these tests can result in more penalties and potential license suspension. If you do take the tests and fail, it is at the officer’s discretion to arrest you on suspicion of DUI.

It’s also important to note that even if your BAC level is within the legal limit, an officer may still determine that you are too impaired to drive safely based on other observations, such as slurred speech, erratic driving behavior, and performance on field sobriety tests.

Penalties for DUI in Indiana

The consequences of a DUI conviction in Indiana vary depending on how intoxicated you were and your criminal history. However, there are some general guidelines outlined in the state’s laws. For example, first-time offenders with a BAC level between 0.08%-0.14% typically face up to one year of probation and may be required to attend drug and alcohol education programs.

For those with a BAC level of 0.15% or higher, jail time may be imposed, and license suspension periods may also increase. Repeat offenders or those with extremely high BAC levels may face even greater penalties, including mandatory jail time, hefty fines, and extended license suspensions.

What to Do If You’ve Been Arrested

Being arrested for DUI can be overwhelming, but taking prompt and strategic steps can help mitigate the long-term impact. First and foremost, seek legal counsel to understand your rights and develop a defense strategy. An experienced attorney will guide and advocate for you through the court process.

Understanding the court process is another essential step. Familiarize yourself with the timeline, potential outcomes, and necessary preparations to present a strong defense. By taking these proactive steps, you can better manage the situation and aim for the best possible outcome.

Navigate Your DUI Charge with Confidence

Understanding Indiana’s DUI laws and potential defenses is pivotal for all drivers. Whether you’re a seasoned driver or new to Indiana’s roads, being informed empowers you to make responsible decisions and protect your rights.

If you or someone you know has been arrested for drunk driving, The Bellinger Law Office stands ready to provide legal guidance. Contact us today for personalized advice and support.