If you’re reading this, chances are either you or someone you care about is facing a first-time DUI charge in Indiana. You’re nervous. You want answers. You might be asking the million-dollar question:
Am I going to jail for this?
The lawyerly answer is: It depends. But don’t worry—we’re going to walk you through the possibilities, the pitfalls, and the power moves you can make to help keep yourself out of a jail cell.
The Basics: Understanding Indiana DUI Classifications
Let’s start with what Indiana law actually says. Your first DUI—or what we officially call an OVWI (Operating a Vehicle While Intoxicated)—can be charged in different ways depending on the circumstances.
Class C Misdemeanor
This is the most lenient charge for a DUI. It usually applies when:
- Your BAC is under 0.15
- There was no accident
- No reckless or dangerous driving was involved
Maximum penalties:
- Up to 60 days in jail
- Up to $500 in fines
Class A Misdemeanor
You move up to a Class A when:
- Your BAC is 0.15 or higher
- You’re driving in a manner that’s considered to have endangered others
- You have a minor accident (without injuries)
Maximum penalties:
- Up to 1 year in jail
- Up to $5,000 in fines
Level 6 Felony
Even first-timers can face a felony charge if:
- There’s a passenger under the age of 18
- Someone is injured in a crash
Maximum penalties:
- Up to 2.5 years in prison
- Up to $10,000 in fines
Real-World Scenarios: What Actually Happens
1. The Clean Record Brake Light Stop
You get pulled over because of a brake light. You’ve had a few beers. Your BAC is 0.09. The officer says you were driving fine, and you were cooperative the whole time.
This is about as vanilla as it gets—a textbook Class C misdemeanor. If you’ve got no priors, no bad driving history, and you weren’t swerving or being reckless?
Jail time is unlikely. Most judges aren’t in the business of throwing people in jail over this kind of stuff. There are always exceptions, but they are in the extreme minority.
2. You Were Driving in a less than ideal manner
Now let’s say your BAC is still 0.09, but you were all over the road—maybe even caused another driver to swerve to avoid you. There wasn’t a crash, but it was close.
That changes things. The bad driving can push prosecutors to ask for jail time. Some counties—particularly the more conservative ones—might even insist on a few days behind bars. They’ll argue you were a danger to others. And sometimes, judges agree.
3. You Blew a 0.15 or Higher
This is where things start to get serious. A BAC of 0.15 or more isn’t just a higher number—it’s a separate crime in Indiana. Prosecutors take that as a sign you weren’t just having a good time—you were hammered.
Many judges see a 0.15 and say, “That’s no accident. That’s a choice.” You’re now looking at a Class A misdemeanor, and jail becomes more likely—especially if you haven’t taken proactive steps to get ahead of your case.
4. You Crashed—Even if No One Got Hurt
Here’s the hard truth: You don’t need to injure anyone to raise the stakes. If your DUI caused a crash—parked car, fence, mailbox, anything—it opens the door to enhanced penalties. Prosecutors will say, “This wasn’t a close call—this was actual harm.”
Even if it’s your first offense, jail time becomes much more likely.
5. You Had a Kid in the Car
Driving under the influence with a child in the vehicle can turn your misdemeanor into a Level 6 felony—no prior convictions required. Judges are less forgiving when they see a minor was put at risk.
You may think, “It was just a short drive home,” but the legal system sees it as child endangerment. Jail becomes a very real possibility.
County by County Chaos
Indiana has 92 counties, and each one handles DUI charges a little differently. Some are more progressive. Some are old-school. Some treat a first-time DUI like a speed bump. Others treat it like you’ve endangered the whole community.
In counties like Hamilton, driving 15+ mph over the speed limit and being drunk might get you jail time. Some counties want a weekend. Others push for a full week.
The law says what’s allowed—but judges decide what’s appropriate. That’s where experience and strategy come into play.
How to Stay Out of Jail (Yes, Really)
Be Proactive Early
The best thing you can do? Start working on your case immediately. We treat each case individually and typically have our clients do things before th first court date (or if they hired late as soon as possible) so that we can actively show the judge and prosecutors that our clients are not bad people and understand the seriousness of what is going on.
Why? Because judges like seeing people take responsibility. It tells the court, “I know this was serious. I’m doing the work to make sure it doesn’t happen again.”
The beautiful part? In Indiana remedial measures such as these cannot be used against a person. They can only be used to help mitigate punishment.
Build a Strong Defense
Not all DUI arrests are created equal. Maybe the officer made a mistake. Maybe the breath test wasn’t administered properly. Maybe you weren’t even the one driving. There are defenses available—you just need the right team to find and use them.
So, Am I Going to Jail?
If we’re talking about a first-time DUI, with no crash, no kids in the car, no reckless driving, and a BAC under 0.15?
Jail time is not likely.
But if you add in aggravating factors—dangerous driving, an accident, a high BAC, a minor in the car—your chances go up.
Every case is different. Every county is different. Every judge is different.
But here’s the good news: Most first-time offenders can avoid jail—if they do things the right way and don’t wait too long to get started.
Final Word: Don’t Wait to Call a Lawyer
If you’re charged with DUI in Indiana, your first move should be to call a lawyer who knows the system and knows how to fight. At the Marc Lopez Law Firm, this is what we do. Every day. We believe in giving our clients a fighting chance and making sure one mistake doesn’t define the rest of their lives.
Got questions about DUI charges in Indiana? We’ll talk you through it. Call us at 463-222-0896 and remember—always plead the 5th!
