Indiana, like many other states, enforces strict laws to discourage individuals from driving while impaired. One such law pertains to driving with an alcohol concentration equivalent (ACE) of .15 or greater. The Marc Lopez Law Firm is here to help you understand the implications of this charge and the potential consequences.
Understanding Chemical Tests
ACE is a measure used to assess the level of alcohol in an individual’s system. It’s similar to BAC (Blood Alcohol Concentration), which is another common measure. ACE considers not only alcohol in the bloodstream but also in the breath, providing a comprehensive picture of an individual’s impairment.
The Legal Limit
In Indiana, the legal limit for ACE is .08. If a person’s ACE exceeds .08, they are considered legally impaired. However, the consequences escalate significantly when the ACE is .15 or higher.
The Consequences of a Chemical Test
If you’re stopped by the police on suspicion of drunk driving, the officer will likely ask you to take a chemical test. **First things first: Never refuse this test.** Refusing the chemical test results in an automatic one-year license suspension, even if you are not intoxicated. This refusal license suspension is in addition to any suspension related to any arrest or conviction of DUI.
The certified chemical test will determine your ACE or BAC, which dictates the charges you might face. If your ACE is below .08, you might not be charged at all. If your ACE is between .08 and .15, you can be charged with a Class C misdemeanor, carrying a maximum penalty of 60 days in jail and a $500 fine. However, if your ACE is .15 or greater, you’ll face a Class A misdemeanor, with a maximum penalty of 365 days in jail and a $5,000 fine.
The same rules apply to blood draws—an ACE between .08 and .14 is a Class C misdemeanor, while .15 and above is a Class A misdemeanor.
Impact on Driving Privileges
Additionally, your driving privileges may be suspended or revoked, and you may be required to attend substance abuse treatment programs. In Indiana, you can obtain specialized driving privileges even if you’re charged with a DUI. These privileges allow you to drive for specific purposes, such as work, school, or medical appointments, even while your regular driving privileges are suspended or revoked.
To obtain these privileges, you need to petition the court and demonstrate a genuine need, along with showing that granting them wouldn’t pose a risk to public safety. The court may impose conditions, such as requiring an ignition interlock device or restricting driving to certain hours and places. Compliance with these conditions is crucial while your case is pending.
Hiring an Attorney
If you have questions about DUI charges—or about the certified chemical test and whether the results are admissible—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
