Navigating the complexities of a DUI (Driving Under the Influence) charge in Indiana can be an overwhelming experience, especially if you were involved in an accident that you did not cause. Understanding the legal intricacies involved, such as what to do if you are charged, possible defenses, and common misconceptions is vital to protecting your rights. Through this blog, we will cover the relevant Indiana statutes, the possible penalties, what you need to know if you find yourself in such a situation, and the importance of hiring an Indiana DUI attorney.
DUI Basics – Indiana’s statutes
Indiana has two sets of statutes which govern DUIs. The first set does not require specific evidence from a blood or breath test, but rather, the state simply has to prove that you were intoxicated. The second set of DUI laws are the more traditional laws that everyone refers to. These per se statutes require evidence that a person was either under the influence of a controlled substance through a blood test or under the influence of alcohol through a blood or breath test.
Operating While Intoxicated
Under a DUI based on intoxication factors, to secure a conviction, the state must establish four elements:
(1) You (the defendant)
(2) Were operating a vehicle
(3 While
(4) Intoxicated
The term “operate” is defined under Indiana Code § 9-13-2-117.5 as “to navigate or otherwise be in actual physical control of a vehicle, watercraft, off-road vehicle, or snowmobile.” Additionally, Indiana Code § 9-13-2-86 outlines the legal definition of “intoxicated.”
“Intoxicated” means under the influence of:
(1) alcohol;
(2) a controlled substance (as defined in IC 35-48-1);
(3) a drug other than alcohol or a controlled substance;
(4) a substance described in IC 35-46-6-2 or IC 35-46-6-3;
(5) a combination of substances described in subdivisions (1) through (4); or
(6) any other substance, not including food and food ingredients (as defined in IC 6-2.5-1-20), tobacco (as defined in IC 6-2.5-1-28), or a dietary supplement (as defined in IC 6-2.5-1-16);
so that there is an impaired condition of thought and action and the loss of normal control of a person’s faculties.
Additionally, while the standardized field sobriety tests were originally intended to gauge a person’s BAC, Indiana courts have gradually been accepting them as evidence of a person’s intoxication.
Operating While At or Above a 0.08% BAC or With Metabolites
In Indiana, the initial charge for a DUI starts as a Class C misdemeanor which is punishable by up to 60 days in jail and a fine of up to $500. To be charged, the State must prove that your blood alcohol concentration (BAC) was between 0.08% and 0.14%. This beginning offense is established under Indiana Code § 9-30-5-1(a):
(a) “A person who operates a vehicle with an alcohol concentration equivalent to at least eight-hundredths (0.08) gram of alcohol but less than fifteen-hundredths (0.15) gram of alcohol per:
(1) one hundred (100) milliliters of the person’s blood; or
(2) two hundred ten (210) liters of the person’s breath;
commits a Class C misdemeanor.”
If, however, your BAC registered at a 0.15% or higher, the charge escalates to a Class A misdemanor. In Indiana, Class A misdemanors are punishable by up to a year in jail. Indiana Code § 9-30-5-1(b) defines this charge:
(b) A person who operates a vehicle with an alcohol concentration equivalent to at least fifteen-hundredths (0.15) gram of alcohol per:
(1) one hundred (100) milliliters of the person’s blood; or
(2) two hundred ten (210) liters of the person’s breath;
commits a Class A misdemeanor.
The final per se DUI charge, based on blood results, can be found in § 9-30-5-1(c). In this case, the charge is related to controlled substances and their metabolites. In Indiana, even the smallest amount of metabolites in your blood can result in a DUI charge. This offense is classified as a Class C misdemeanor, which like subsection (a), is punishable by up to 60 days in jail and a fine of up to $500.
(c) A person who operates a vehicle with a controlled substance listed in schedule I or II of IC 35-48-2 or its metabolite in the person’s blood commits a Class C misdemeanor.
Valid Defenses
When you are involved in an accident, even one which is not your fault, things can quickly become complicated. While not being at fault in the accident is not a defense, there are a couple defenses available for DUI charges. Two of these are,
- Necessity Defense – This defense applies in rare situations and it is crucial to consult with a knowledgeable attorney to evaluate if this defense applies to your case. An example of this defense could be needing to drive an injured person to the hospital when an ambulance is not available. Essentially, the defense involves showing that you had to take the actions you took because there were no better alternative options available to you at the moment.
- Validity of the Stop – Questioning whether the initial traffic stop was valid can be a critical aspect of your defense. If the stop was unlawful, any evidence obtained as a result may be inadmissible in court. Again, it is important to consult with your legal representation so they can evaluate if this defense applies to your case.
Common Misconceptions
Many people believe that if they did not cause the accident, then they should be exempt from DUI charges. Unfortunately, this is not the case. Let’s clarify why this belief is incorrect.
- No Fault Requirement – Indiana law does not require the state to prove fault in the accident. Rather, the focus is strickly on the operation of the vehicle and your intoxication level.
- Presumption of Fault – In Indiana, the law presumes fault for the DUI charge based on the intoxication level. The core of DUI charges lies in the combination of your intoxication levels while operating the vehicle, fault in the accident is not an element that the state must prove.
The legal thresholds for intoxication are strictly enforced. Exceeding these limits, regardless of accideent fault, constitutes grounds for the state to charge you with a DUI. If you or someone you know has been charged with a DUI, reach out to the Marc Lopez Law Firm. Our Indiana DUI attorneys are well versed in the potential defenses available and are always dedicated to achieving the best possible outcome for our clients.
What to Do if Charged
If you find yourself facing charges for a DUI, there are a few steps you can immediately take.
- Stay Informed – Educate yourself about Indiana’s DUI laws and the legal process to better prepare yourself. To view our DUI page, click here.
- Consult an Attorney – Seeking legal advice as soon as possible is the best course of action. An Indiana DUI attorney can explain the best course of action and help you understand your rights.
- Plead the Fifth – Exercising your Constitutional right to remain silent and legal representation is the best thing you can do. If the police want to talk to you, remaining silent and consulting an attorney is paramount.
Being proactive in your defense strategy is crucial and can greatly impact your case.
Navigating the Legal Landscape
Understanding the legal intricacies behind DUI charges can provide clarity and potentially alleviate some of the stress associated. Before we conclude, here is a quick overview of the elements related to DUI charges in Indiana.
- Operation of the Vehicle – The state must prove that you were in actual physical control of the vehicle. This does not stop at driving; simply sitting in the driver’s seat with the key in the ignition counts.
- Intoxication Levels – The state relies on breathalyzer test, blood test, or field sobriety tests to determine your intoxication levels. It is important to keep in mind that even if you refuse these tests, the state can still charge you with a DUI. Refusal can also have unintended severe consequences such as automatic license suspension.
- Endangering a Person – If while in operation of the vehicle under the influence you pose a risk to others, the state can enhance the charges through the element of endangerment. Even if no accident occurs, erratic driving or near misses are still considered endangerment.
Don’t Delay, Reach out Today
Facing a DUI charge, especially when you are not at fault in the accident can be overwhelming. In Indiana, DUI charges are serious and can have significant implications on your life. Understanding the specifics of Indiana’s DUI laws and seeking legal representation can significantly impact the outcome of your case.
If you or someone you know is facing DUI charges, reach out to the Marc Lopez Law Firm. Our Indiana DUI attorneys are committed to providing you with the best defense strategy possible and are dedicated to protecting our clients rights. Don’t let a DUI charge ruin your life. Call us today at 463-363-0588 and remember—always plead the 5th!
