Drunk driving and intoxicated driving charges are very serious, and the law uses such cases to set an example. But not all drunk driving convictions result with a jail sentence. In fact, with a good Indiana criminal defense lawyer representing your case, it is more likely that you will be ordered to alternative penalties in lieu of jail time. However, there are still plenty of DUI cases that do end up with a person spending some time in jail, which means it could happen to you if the circumstances are right. If you are ordered to serve time in jail or prison, the length of time served will depend on various factors; the same factors that out you in jail to begin with.
Continue reading to learn what these factors are so that you can better understand when a DUI arrest might send you to jail in Indiana.
What is a DUI?
There are many acronyms to describe driving a motorized vehicle under the influence of alcohol or controlled substance. These acronyms include “DUI”, which stands for “driving under the influence”, “DWI”, which means driving while intoxicated”, and “OWI”, which means “operating while intoxicated.” The important thing to know about these three acronyms is that they all represent the same criminal charge: operating a motor vehicle while under the influence of drugs or alcohol. This includes wine, beer, liquor, street drugs, and controlled drugs like prescription medication.
DUI Enhancements
The penalties and laws surrounding such charges vary from state to state, as do the possible enhancements that can increase the severity of the charges. Enhancements are factors and circumstances of a DUI that increase the severity of the crime. Potential enhancements depend on several factors, but the most common types of enhancements to drunk driving charges include operating a motor vehicle with a BAC of 0.15% or higher, drunk driving with a minor as a passenger, drunk driving that causes another person bodily injury, and drunk driving that causes the death of another person. These enhancements will lead to a person serving time in jail.
Going to Jail for a DUI
When DUI charges reach the felony level, there is mandatory jail time involved. You might also go to jail or prison for a DUI if you are a repeat offender, and have added enhancements to your case, like the ones mentioned above. This would be known as an aggravated DUI. Aggravated DUI charges are the same thing as Felony DUI charges, which is the term used in Indiana. Additional aggravated DUI offenses include DUI in a school zone, operating a school bus under the influence of drugs or alcohol, driving intoxicated without a valid license, having multiple convictions within a short time frame, and more. An aggravated DUI conviction will result in some jail time in almost all cases.
In Indiana, DUI-related car accidents are labeled as Felony DUI charges, and come with severe penalties. So, if you cause bodily harm to another person, or worse, kill someone as a result of your intoxicated driving, you will spend a lengthy amount of time in jail, and quite possibly, prison. When DUI accidents end with fatalities, the charges increase to DUI manslaughter. Although the fatalities in these cases are unintentional, the charge still come with very severe penalties in Indiana. DUI manslaughter is a Level 5 Felony, which is a very serious charge.
Current Indiana DUI Jail Sentence Schedules for Basic Convictions:
Class C Misdemeanor – Up to 60 Days in Jail
Class A Misdemeanor – Up to One Year in Jail
Level 6 Felony – Six to 30 Months in Prison
Level 5 Felony – One to Six Years in Prison
Level 4 Felony – Two to 12 Years in Prison
Contact an Indianapolis DUI Lawyer Today
Call 317-636-7514 to schedule a consultation with aggressive Indianapolis DUI defense lawyer, David E. Lewis. He will stop at nothing to protect your rights and preserve your freedoms. With decades of hands-on experience, you can trust Attorney David E. Lewis to build you a strong and impactful defense against your Indiana drunk driving charges. Call 317-636-7514 to schedule a free initial consultation for Indianapolis criminal defense, today.
