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DUI & DWI in Indiana

Did you know that OWI, DUI, and DWI all mean the same thing in Indiana? They mean trouble and, perhaps, a shattered life – financial loss – criminal record – potential job loss – loss of reputation in the community – jail time – stress – financial strife – family discord. Because consequences are so serious, it’s likely in your best interests to consult with a qualified Indiana DUI attorney.

If you or your loved one has been arrested for drunk driving, this article will help you by summarizing:

  • Indiana DUI Laws
  • Indiana DUI Punishments
  • Potential DUI Defenses
  • Indiana’s Other Drunk Driving and Alcohol Laws
  • How to Find an Indiana DUI Attorney

When is a Driver Considered to be Legally Drunk in Indiana?

INDUI Laws are found in the Indiana Code. These BAC (blood alcohol content) levels are similar or the same as other states.

  • Non-commercial drivers are driving drunk if their BAC is .08 or higher.
  • Commercial drivers are driving drunk if their BAC is .04 or higher.
  • Under age 21drivers are legally drunk if their BAC is .02 or more.

What is Indiana’s Punishment for DWI Convictions?

Common Indiana Drunk Driving Penalties

  • Driver’s license suspension
  • Jail time
  • Fines
  • Community service
  • Alcohol assessment
  • Alcohol treatment program
  • Ignition interlock

Enhanced Penalties are Handed Down for:

  • BACs of .15 and higher
  • Causing serious bodily injury
  • Causing death
  • Driving drunk with a child, under the age of 18
  • Requiring EMS to respond

Indiana Drunk Driving Defenses

No matter the circumstances of your DUI, you’d likely benefit from working with an Indiana DUI lawyer. You can choose one at

Example Indiana drunk driving defenses include:

  • No reasonable grounds for traffic stop.
  • Improper roadblock.
  • BAC not given or given, but faulty.
  • Officer didn’t explain the consequences of refusing to take the BAC or failing the BAC.
  • You neither refused nor failed the BAC test.
  • The trial court judge made an error.
  • You weren’t driving.
  • Your BAC wasn’t .08 or higher while you were driving.

Indiana’s Other Drunk Driving and Alcohol Laws

Indiana’s Dram Shop Act
Indiana doesn’t have associated criminal punishments; however, civil liability attaches if a licensed drinking establishments serves a visibly drunk person or knowingly serves a minor and injury results.

Indiana’s Providing Alcohol to Underage Persons Law
In Indiana, it’s illegal to give or sell alcohol to underage persons. You can go to jail for up to 60 days and be fined up to $500.

How to Find an Indiana DUI Attorney

To best stifle the strong effects of a DUI arrest, consult with qualified drunk driving defense attorney. To find an Indiana DUI lawyer, you can search our website,, or ask friends or the bar association for a referral.

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