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The penalties for DUI convictions in Indiana are stringent. For first-time offenders, penalties may include fines, probation, mandatory alcohol education programs, community service, and possible imprisonment. Subsequent offenses result in harsher consequences, such as longer license suspensions, higher fines, and extended jail time.


B. Hicks Law believes that all clients should be apprised of their rights and responsibilities in the state of Indiana, and the firm aims to provide the best possible defense given your individual circumstances.

If you have been arrested or charged with a DUI your best option is to consult a Criminal Defense Attorney to assist you in navigating the nuances of your case. 

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Frequently Asked Questions

In Indiana, DUI, also referred to as OWI (Operating While Intoxicated), occurs when an individual operates a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. Additionally, it is important to note that DUI laws also encompass driving under the influence of drugs, regardless of whether they are prescription medications or illicit substances.

What is the legal blood alcohol content (BAC) in Indiana?

Indiana operates under an implied consent law, which means that by operating a motor vehicle, drivers automatically consent to chemical testing if lawfully arrested for DUI. Refusal to take a chemical test may result in an automatic license suspension, even if the driver is not ultimately convicted of DUI. However, drivers do have the right to request an independent test from a qualified professional after the initial test is administered.

What is the Implied Consent Law in Indiana?

In Indiana, "DUI" stands for "Driving Under the Influence," while "DWI" stands for "Driving While Intoxicated." However, Indiana typically uses the term "OWI," which stands for "Operating While Intoxicated." In practice, "DUI" and "OWI" are used interchangeably to refer to the offense of driving a vehicle while under the influence of alcohol or drugs.

What's the difference between a DUI and a DWI in Indiana?

A prior DUI conviction can impact your current case in several ways: It might result in enhanced penalties, such as longer license suspension, higher fines, or longer jail time. Prosecutors might be less willing to offer favorable plea deals. Judges might view repeat offenders more harshly during sentencing.

How does a prior DUI conviction affect my current case in Indiana?

The penalties for a DUI conviction in Indiana can be severe and vary based on the number of prior offenses and aggravating factors. For first-time offenders, potential consequences may include fines, license suspension, probation, mandatory substance abuse treatment, and community service. Subsequent offenses carry even harsher penalties, including longer license suspensions, mandatory jail time, and the installation of an ignition interlock device.

What are the potential consequences of a DUI conviction in Indiana?

The state of Indiana only allows DUI expungement after a waiting period, which requires the defendant to meet specific criteria while ongoing. You should consult with an experienced attorney to discuss options based on your individual case. 

Can a DUI charge be expunged from my record in Indiana?

In Indiana, you have the right to refuse a breathalyzer test or field sobriety tests; however, there are consequences for doing so. Indiana has an "implied consent" law, which means that by obtaining a driver's license, you've implicitly agreed to chemical testing (like a breathalyzer) if you're suspected of DUI. Refusing such tests can result in immediate license suspension, and prosecutors may use your refusal as evidence in court.

Can I refuse a breathalyzer or field sobriety tests in Indiana?

The Importance of Consulting
a Qualified
Criminal Defense Attorney

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Consulting a Criminal Defense Attorney is not just a wise choice; it's your best ally when facing criminal charges.

These legal professionals are like expert guides through the maze of the legal system. They're well-versed in the intricacies of criminal law, making them your best bet for understanding your situation fully. They can assess the evidence against you, challenge the prosecution's case, and uncover potential defenses that might lead to reduced charges or even your acquittal.

But it's not just about legal knowledge. Your attorney will be your unwavering advocate, ensuring that your rights are protected throughout the process. From your right to remain silent to your right to a fair trial, they'll make sure you're treated fairly and that law enforcement follows the rules.

What's more, these legal professionals can negotiate on your behalf with prosecutors, striving for plea bargains or lighter sentences when it makes sense. Their familiarity with local court procedures and their relationships within the legal system can be the game-changer that tips the scales in your favor.

In essence, reaching out to a Criminal Defense Attorney is a smart move. It's not just about getting advice; it's about having a trusted partner who can help you navigate the legal waters, protect your rights, and work toward the best possible outcome for your case.

Don't hesitate to contact B. HICKS LAW for a case consultation. It could make all the difference...

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