DUI Penalties
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Indiana DUI Penalties and Criminal Defense

Right now, DUI penalties are harsher than ever in Indiana. If you are facing DUI charges, it is important to retain the services of a competent and aggressive criminal defense lawyer. David E. Lewis, Attorney at Law, is your solution to protecting your rights and winning the fairest possible outcome in court. He gets to work immediately on your case, investigating every corner and challenging every aspect, to craft a custom a defense unique to your individual case circumstances. He stops at nothing to reduce the penalization you face for a DUI charge in Indiana. Call his office at 317-636-7514 and schedule a FREE CASE EVALUATION today.
DUI Sentencing in Indiana
60 Days to 1 Year in Jail
Probation Up to 2 Years
License Suspension Up to 2 Years
Fines Up to $5,000
Class C Misdemeanor
5 Days to 2 ½ Years in Jail
Probation Up to 2 ½ Years
License Suspension 6 Months - 2 Years
Fines Up to $10,000
Level 6 Felony
10 Days to 2 ½ Years in Jail
Probation Up to 2 Years
License Suspension 1 - 10 Years
Fines Up to $10,000
Level 6 Felony


Include, but Not Limited to:
DUI w/a Passenger Under 18 Years Old
DUI Causing a Person Bodily Injury
DUI Causing a Person’s Death
BAC of 0.15% or More
There are several types of penalties a person can face if convicted of a DUI in Indiana. On top of jail time, fines, and license suspension, a convicted driver may be sentenced to additional penalties depending on their particular case circumstances. Below is a list of possible penalties for drunk or drugged driving charges, as well as their descriptions.

Depending on case circumstances, anyone charged with a DUI may also face any combination of the following:
Probation is a common penalty for DUI offenses in Indiana. It is a set time period, whose length is dependent to the crimes committed. Probation comes with a stringent set of rules that must be followed, or a person will be in violation of their court orders and face jail time. Such rules include not breaking the law, refraining from the use of drugs and alcohol, and not leaving the state. Probation for DUI convictions is generally anywhere from 1 to 3 years, depending on the circumstances of a case.
Community Service
A court may also order community service as a penance for a DUI conviction. For misdemeanor DUI offenses, community service can be ordered in place of jail time. It is assigned in increments of hours, generally between 40 and 180 hours, but can exceed 350 hours for felony DUI convictions. A person must complete their court-ordered community service before their probation period is over. If not, they are in violation and face jail time or additional penalties. Community service options include charity work, highway clean up, city graffiti painting, working with underprivileged youth, volunteer work at a hospital, daycare, or vet clinic, and more.
Hardship License
When a person is convicted of a DUI, their license is suspended for at least 3 months, and up to 3 years. However, after 3 months, they may have the option to file for a “hardship license”, or probationary license, which allows them to only drive to and from work and school. A skilled DUI attorney can get you a hardship license without fail.
SR22 Auto Insurance
Another consequence of a DUI conviction is almost always the need for SR22 auto insurance. This is high risk auto insurance policies that convicted drivers must have for 3 years following an arrest. It is expensive and hard to find, but a skilled DUI lawyer can help you get the insurance you need.
Points on Driving Record
A first-time DUI conviction will land a person 8 points on their driving record. More serious DUI convictions will add even more points to a person’s driving record. After so many points, driving privileges become restricted, suspended, or revoked. In other cases, too many points on a driving record will result in mandatory drivers’ education classes to reinstate licensed or return it to good-standing.
Ignition Interlock Device (IID)
For multiple DUI convictions, courts may order an ignition interlock device to be installed in a person’s primary vehicle after their driving privileges are reinstating. This device is the size of a cell phone and is installed in the vehicle’s engine. It locks the ignition, preventing the vehicle from starting until the device is positively activated. The driver must breathe into the device, much like a breathalyzer, to unlock the device and start the engine. But in order to start the engine, the person must not have a blood alcohol level higher than 0.04% in their system. This prevents habitual offenders from driving under the influence of alcohol. If a driver blows over a 0.04%, the device records it and prints it out to authorities. It can be considered a violation of probation, which leads to jail time and more.
Victim Impact Panels
Courts are likely to assign mandatory attendance to Victim Impact Panels, whether a first offense DUI or not. This is meant to educate drivers on the real dangers and long-term effects associated with intoxicated driving. Real families and victims share their drunk driving accident stories. For first time offenses, courts usually assign just one victim impact panel attending. Mothers Against Drunk Driving (see bottom of page) is well-known for their Victim Impact Panels in Indiana, and come highly recommended for anyone court-ordered to attend a program.
Drug / Alcohol Education
Courts are also likely to order some form of mandatory drug and alcohol education classes or courses that must be completed before a person can reinstate their drivers’ license. They are often a part of an alternative sentencing agreement in place of jail time or other harsher penalties. These courses are commonly referred to as “DUI school” or “AEP”, which stands for alcohol education programs.
Treatment Centers / Rehab
Depending on a person’s offense and extent of substance abuse, a court may agree to a rehabilitation center or treatment program as an alternative to jail time. Although additional exemplary penalties would still apply, a person can avoid going to jail and at the same time, get proper help for their addiction.

Commercial Motor Vehicle (CMV) DUI Penalties
A commercial drivers’ license (CDL) is a privileged license only imparted to those who have proven to have adequate knowledge and skill of driving commercial motor vehicles (CVM). If a commercial driver is charged with a DUI, there are additional consequences on top of the standard DUI penalties a person would normally face. Overall, commercial drivers stand to lose their CDL’s temporarily or permanently based on the number of “major” violations they are suspected of committing.
MAJOR CMV Violations Include:

1st Offense = CDL suspended for 1 year.
2nd Offense = Lifetime CDL Suspension.
(Reinstatement may be possible after 10 years)

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