For any Indiana driver who also drinks alcohol, a DUI arrest is a scary and unfortunate possibility. While DUI is a common enough criminal charge, several misconceptions persist about DUIs arrests and how they can occur in Indiana.
This blog aims to clarify these misunderstandings, arm Indiana drivers with knowledge, and explain why no one should face DUI charges without the assistance of an Indiana DUI lawyer.
Fact: An Indiana Driver Can Be Charged with DUI Even If Their ACE Is Less Than 0.08
One of the most common misconceptions concerning DUIs is the belief that a person can’t be charged if their alcohol concentration equivalent (ACE) doesn’t reach a certain specific level. While 0.08* is the most well known standard when it comes to DUI charges, Indiana law highlights multiple legal limits, confirming that you can, indeed, face DUI charges under different circumstances.
For example, operating with an ACE of at least 0.08 can get you charged with a Class C misdemeanor, which carries a maximum penalty of 60 days in jail and a $500 fine. If you’re caught driving with an ACE of at least 0.15, you can be charged with a Class A misdemeanor. This carries a maximum penalty of 365 days in jail and a $5,000 fine.
Additionally, the presence of any drugs or metabolites in one’s system can lead to similar legal consequences.
The Lesser-Known Legal Limit
Indiana notably allows for a lesser-known scenario where individuals with an ACE in the range of 0.05 to 0.07 can also be charged with DUI. This can occur when there’s other relevant evidence of intoxication, allowing the State to consider the totality of the circumstances.
It’s important for Indiana drivers to understand that an ACE of less than 0.08 does not necessarily mean you’re free to go. An ACE of 0.06 combined with other observable and suspicious behavior can result in a DUI charge.
How Indiana’s DUI Law Operates
The law is explicit: If a driver’s breath test returns a result of 0.08 or more, the investigating officer is obliged to arrest the individual for DUI—there’s no room for discretion. When someone is in the 0.05 to 0.07 range, however, the officer has options. If they conclude that the driver isn’t a danger, the officer can let them go. If there are other signs of impairment, the case can be referred to the prosecutor for further action.
This is true even when there’s no evidence that you’re under the influence of other medications or intoxicating substances. It’s a common misconception that the only way to get a DUI charge with an ACE under 0.08 is to have other drugs in play.
In reality, a driver who blows in the 0.05 to 0.07 range and shows other signs of impairment can be headed to jail, regardless of whether they have cocaine or prescription pills in the center console of their vehicle.
How an Indiana DUI Lawyer Can Help
Facing DUI charges can be intimidating, which is why you need someone in your corner. An experienced Indiana DUI lawyer can take some of the pressure off. Whether your attorney is reviewing the conduct of the police at the time of your arrest or scrutinizing the State’s chemical testing protocols, your lawyer will always be working toward the best possible outcome to your case.
Don’t Delay, Reach Out Today
There’s no reason for the average driver in Indiana to understand the State’s complex DUI laws, and misconceptions can lead to unanticipated legal consequences. If you find yourself in DUI trouble, you need to talk to someone who understands how the system works—what the BMV is going to do to your license and how you can pursue specialized driving privileges.
The Marc Lopez Law Firm deals with DUIs every day, and we’re familiar with the challenges surrounding refusal cases. Don’t just hope for the best. 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
