Top

Indiana Misdemeanor DUI Penalties

Most DUIs in Indiana are misdemeanors. Indiana refers to all drunk driving charges as operating while intoxicated (OWI). There are several categories of drunk driving arrest for OWI. Each depends on how drunk you are. It also depends on how often you are convicted.

If your BAC is .08, you will be charged with a Class C Misdemeanor. If your BAC is as high as .15, it becomes a Class A Misdemeanor. Obviously, a Class A misdemeanor is more serious. Both carry strict penalties. It is recommended you contact an experienced DUI lawyer for representation.

For Indiana DUI misdemeanor help, call (463) 465-2401 today.

What Are the Possible Penalties for DUI in Indiana?

A misdemeanor in Indiana entails various potential penalties, encompassing fines, license suspension, mandatory installation of an ignition interlock device on your vehicle, and the possibility of jail time.

The specific penalties you will encounter depend on the unique circumstances of your case. It’s crucial to understand that an OWI conviction carries consequences that cannot be avoided. This typically involves the imposition of fines and a period of license suspension.

The likelihood of facing jail time hinges on the seriousness of your charge and your prior OWI history. Generally, for first-time offenders, jail time is less common.

However, it is essential to recognize that the outcome varies based on the specific details of your case and prior convictions. Consulting with an experienced attorney is advisable to assess your situation comprehensively and determine the best course of action for your defense.

Misdemeanor Penalties for DUI in Indiana

Penalties for OWI (Operating While Intoxicated) in Indiana exhibit a distinct pattern: they are notably less severe for first-time offenders compared to those with multiple offenses.

The severity of these penalties progressively escalates with each subsequent offense, but the most significant increase occurs when an OWI charge advances to the felony level.

Understanding this trajectory of penalties is crucial when facing OWI charges. For first-time offenders, the penalties are comparatively lower for subsequent convictions, reflecting the importance of early intervention and rehabilitation. However, with each subsequent OWI conviction, the consequences become increasingly harsh, impacting your life and future significantly.

Ultimately, the critical turning point is when an OWI offense is classified as a felony, which carries the most severe penalties, including substantial jail time and substantial fines. It is imperative to recognize that the stakes rise considerably as OWI charges accumulate, underscoring the importance of legal counsel and a proactive approach to addressing these charges.

The penalties are as follows:

Class C Misdemeanor

  • A first offense gets up to 60 days in jail. You will get a $500 fine. There may be a license suspension as well.
  • The second offense, depending on how it’s charged, will require mandatory jail time and a license suspension of a minimum of one year.

Class A Misdemeanor

  • A first offense results in up to 1 year in jail. It carries a $5,000 fine. The suspension is similar to the Class C suspension.
  • The second offense is similar to the penalty for the Class C misdemeanor.

In Indiana, OWI can be a felony depending upon your driving history and other factors surrounding the event.  If you get a second OWI within 7 years of a prior conviction, it is a felony. The penalties for a felony are much higher than a misdemeanor.

Indianapolis Class C Misdemeanor and First-Time Offender – Examples

In every state, including Indianapolis, Indiana, criminal offenses are categorized into two primary types: felonies and misdemeanors. Felonies represent the most severe crimes, often resulting in a up to one year or more of incarceration, while misdemeanors are less serious offenses, with penalties that do not exceed 365 days in jail.

Drunk driving under the influence is a particularly grave offense in Indiana. Its classification as a misdemeanor or felony hinges on the specific details of the case. Understanding whether a DUI charge falls into the misdemeanor or felony category is crucial, as it significantly impacts the potential consequences and legal proceedings.

Trusted by Our Clients

    Call Chuck!
    “I am always impressed by his knowledge and understanding and ability to think outside of the box.”
    - Mary M.
    Call Chuck!
    "Chuck’s knowledge and understanding of breath alcohol instruments is exceptional. He worked closely with a manufacturer for many years learning and sharing the knowledge with the defense community. I have gone to Chuck on many occasions to discuss breath alcohol issues and aspects of how the instrumentation deals with the sampling and analysis. I consider him one of the leading experts on breath alcohol within the defense community. As an attorney, Chuck works hard for his clients and doesn’t just deal cases away. He takes the cases personal and fights to get the best resolution possible. In my 30 some years as an expert in breath alcohol testing, Chuck Rathburn is, by far, one of my favorite attorneys for consulting and brainstorming ways to expose the pseudoscience and bad science in the alcohol testing community. I am always impressed by his knowledge and understanding and ability to think outside of the box. I do not hesitate to say Call Chuck!"
    - Mary M.
    Worked Hard to Help
    “Chuck was able to get the DUI dismissed to a lesser charge.”
    - John K.
    Worked Hard to Help
    "My first attorney told me I had to plead guilty to DUI because they didn't think I had a defense. Chuck was able to get the DUI dismissed to a lesser charge. He worked hard to help me."
    - John K.
    Outstanding Job
    “When looking for DataMaster training for my staff, I looked no further than Charles Rathburn.”
    - Jon S.
    Outstanding Job
    "When looking for DataMaster training for my staff, I looked no further than Charles Rathburn. Mr. Rathburn did an outstanding job educating my entire staff on the concepts of breath alcohol testing while thoroughly explaining the problems associated with breath alcohol testing."
    - Jon S.
    Intense Passion
    “I have taken several DataMaster Courses with Chuck and continue to be blown away by both his command of that instrument and his ability to teach it to others.”
    - Eric G.
    Intense Passion
    "I have taken several DataMaster Courses with Chuck and continue to be blown away by both his command of that instrument and his ability to teach it to others. Chuck has an intense passion for learning about this machine, and has a gift of how to present it in a format that is easy to digest and understand."
    - Eric G.
    Key to Success
    “Understanding the DataMaster better than the DA's and better than may of the State's experts has helped me get some fantastic results.”
    - Mark R.
    Key to Success
    "The in-depth DataMaster training I received from Chuck Rathburn has been a key to success in court. After taking the hands on breath test training from Chuck I am better able to analyze DUI breath cases from the inside out. Understanding the DataMaster better than the DA's and better than may of the State's experts has helped me get some fantastic results."
    - Mark R.