The consequences of a second DUI in Indiana can be overwhelming, but the attorneys at the Marc Lopez Law Firm are here to help. This blog will discuss the relevant sections of the Indiana Code and untangle the potential penalties associated with a second DUI conviction. Criminal charges are always serious, and no one facing DUI charges should go to court without an experienced Indiana DUI lawyer representing them.
Understanding the Indiana Code
There are a number of ways you can be charged with a DUI in Indiana. For example, if a certified chemical test shows an alcohol concentration equivalent (ACE) of at least 0.08* but less than 0.15, you can be charged with a Class C misdemeanor, which carries a maximum penalty of 60 days in jail and a $500 fine. If your ACE is at least 0.15, you can be facing a Class A misdemeanor, which carries a maximum penalty of 365 days in jail and a $5,000 fine.
Even without a certified chemical test, you can still be charged with DUI if you’re found to be operating a vehicle while intoxicated. Indiana defines intoxicated as being under the influence of:
- alcohol;
- a controlled substance;
- any drug other than alcohol or a controlled substance;
- any combination of alcohol, controlled substances, or drugs; or
- any other substance, not including food and food ingredients, tobacco, or a dietary supplement;
so that there is an impaired condition of thought and action and the loss of normal control of an individual’s faculties.
If you’re charged with DUI based purely on an officer’s observations of intoxicated behavior, that starts as a Class C misdemeanor. If you’re alleged to have endangered a person, however, you can be charged with a Class A misdemeanor.
DUI as a Felony
Under the Indiana Code, a DUI offense can be charged as a Level 6 felony if:
- you have a prior DUI conviction within the past seven years; or
- you’re at least 21 and you have a passenger under 18 years of age.
A Level 6 felony carries a maximum penalty of two and a half years in prison and a $10,000 fine. On top of that, Indiana law mandates five days in jail for repeat DUI offenders. If you have two prior DUIs, it’s 10 days in jail.
It’s also possible to face a Level 5 felony based on prior convictions. If you’re charged with a DUI and you have a prior conviction for either DUI causing death or catastrophic injury or DUI causing serious bodily injury, you can be charged with a Level 5 felony. The maximum penalty for a Level 5 felony is six years in prison and a $10,000 fine.
Can You Still Drive to Work?
The answer to this question is: It depends. Indiana offers the possibility of specialized driving privileges, which can frequently serve as a lifeline for DUI defendants who would otherwise lose their jobs. This decision, however, is always up to the judge, and judges are generally less friendly toward repeat offenders.
There are also deadlines and procedures for requesting specialized driving privileges, and if everyone is on the same page, this can lead to a smooth transition where your driver’s license status goes from being VALID to CONDITIONAL, without ever becoming SUSPENDED.
Because some judges do things their own way, a smooth transition isn’t guaranteed even with the help of an experienced Indiana DUI lawyer. Without an attorney’s assistance, your license will almost certainly be suspended.
Don’t Delay, Reach Out Today
If you or someone you know has a DUI conviction and is facing new charges, you need the assistance of an experienced Indiana DUI lawyer with extensive knowledge of the relevant statutes and standards.
The attorneys at the Marc Lopez Law Firm understand the urgency of your situation and are here to help. We’re committed to guiding clients toward the best possible outcome so that you can rest easy. If you have any questions, give us a call at 317-632-3642 and remember—always plead the 5th!
* grams of ethanol per 100 milliliters of blood or 210 liters of breath
