Being charged with driving under the influence (DUI) can have a significant impact on your life. From potential jail time and steep fines to losing your driving privileges, the consequences are serious. Indiana’s per se DUI laws add another layer of complexity, making it critical to understand the regulations and know your rights.
If you’re facing DUI charges, here’s what you need to know about per se laws, penalties, and how an experienced Indianapolis DUI attorney can help protect your future.
What Are Per Se DUI Laws in Indiana?
Indiana’s per se DUI laws allow law enforcement to arrest a driver solely based on their Blood Alcohol Concentration (BAC) level, regardless of visible signs of impairment. This means that if your BAC exceeds the legal limit, you can be charged with a DUI—even if you appear sober.
BAC Limits in Indiana
The legal BAC thresholds in Indiana vary depending on the driver’s license type and age:
- Non-Commercial Drivers (21+): BAC of 0.08% or higher.
- Commercial Drivers: BAC of 0.04% or higher.
- Drivers Under 21: BAC of 0.02% or higher under the state’s zero-tolerance policy.
- Drugged Driving: Using controlled substances while driving can also lead to per se DUI charges, even if impairment isn’t evident.
Penalties for Per Se DUI Convictions
Indiana imposes harsh penalties for DUI offenses, with escalating consequences for repeat offenders.
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First-Time DUI Offense: Up to 1 year in jail, fines ranging from $500 to $5,000, and a license suspension of up to 1 year.
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Second-Time DUI Offense: Up to 2.5 years in jail, fines up to $10,000, and a license suspension of up to 2.5 years.
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Third-Time DUI Offense: Jail time of 10 days to 2.5 years (plus up to 8 additional years for habitual offenders), fines of up to $10,000, and a license suspension of up to 10 years.
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Drugged Driving: Penalties may include an automatic 180-day license suspension, criminal fines of up to $10,000, and significant jail time.
Beyond these consequences, drivers may also face increased insurance premiums, court costs, mandatory education programs, and the installation of ignition interlock devices.
Fighting a Per Se DUI Charge
Defending against per se DUI charges can be challenging but not impossible. While the law focuses on BAC levels, there are several defenses an attorney can use to fight your case:
- Challenging BAC Test Accuracy: Improperly calibrated or maintained testing devices can produce inaccurate results.
- Questioning Testing Procedures: Failure to follow strict protocols during BAC testing can render results inadmissible.
- Timing of BAC Levels: BAC can rise over time, potentially leading to inflated readings if the test is delayed.
- Medical or Physiological Defenses: Conditions like diabetes or acid reflux can cause falsely elevated BAC readings.
- Probable Cause for the Stop: Police must have a valid reason to stop your vehicle. Evidence obtained without probable cause can be suppressed.
Why You Need a DUI Attorney
Navigating Indiana’s DUI laws can be overwhelming, especially when facing a per se charge. A knowledgeable DUI attorney can:
- Examine the evidence and identify weaknesses in the prosecution’s case.
- Challenge BAC test results and procedural errors.
- Negotiate with prosecutors for reduced charges or alternative sentencing.
- Build a strong defense to fight for the best possible outcome.
Contact Hessler Law for Help Today
A DUI conviction can have long-lasting consequences on your personal and professional life. At Hessler Law, we understand the challenges you face and are here to help.
Our experienced Indianapolis DUI attorneys are dedicated to protecting your rights and fighting to reduce or dismiss your charges. Call us at (317) 342-9283 to schedule a free consultation today.
Take the first step toward protecting your future by reaching out to Hessler Law now.
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