Top Misconceptions About DUI Charges in Indiana: What You Need to Know

Driving under the influence (DUI) is a serious offense in Indiana. Misunderstanding the laws surrounding DUI charges can lead to costly mistakes, including fines, license suspension, or even jail time. This blog clears up common misconceptions about DUI charges in Indiana, empowering you to make informed decisions if you ever face such a situation.

What Is a DUI Charge in Indiana?

A DUI charge, also known as an Operating While Intoxicated (OWI) charge in Indiana, involves operating a vehicle while impaired by alcohol, drugs, or other substances. Indiana law considers a driver legally intoxicated if their blood alcohol concentration (BAC) is 0.08% or higher. However, commercial drivers and drivers under 21 have stricter limits.

Misconception 1: You Can’t Get a DUI If You Weren’t Driving

One common misconception is that you cannot be charged with a DUI if you are sitting in a parked car. Indiana law, however, focuses on control of the vehicle. Even if the car isn’t moving, you can face charges if you’re in the driver’s seat with the keys in your possession and appear to have been driving while intoxicated.

Misconception 2: Refusing a Breathalyzer Test Will Avoid a DUI Charge

Some believe refusing a breathalyzer test will prevent a DUI charge. Under Indiana’s implied consent law, refusing to take a chemical test results in an automatic license suspension for up to one year, regardless of guilt.

Misconception 3: First-Time Offenders Face Minimal Penalties

Many assume first-time DUI offenders will only receive a slap on the wrist. In reality, a first DUI conviction in Indiana can result in:

• Fines up to $5,000
• License suspension of up to two years
• Jail time of up to one year

These penalties increase with higher BAC levels or aggravating factors like an accident.

Misconception 4: A DUI Charge Automatically Leads to a Conviction

Being charged with a DUI doesn’t mean automatic conviction. With the help of an experienced attorney, it’s possible to challenge the evidence, such as improper administration of field sobriety tests or inaccurate breathalyzer results.

How to Protect Yourself Against DUI Charges

1. Know Your Rights: Politely decline to answer questions without a lawyer present.
2. Request Legal Representation: Contact an attorney immediately to evaluate your case.
3. Comply with Testing Requirements: Avoid automatic penalties by adhering to Indiana’s implied consent law.

Don’t Let Misconceptions Hurt Your Defense

Facing a DUI charge can be overwhelming, but understanding the facts can make all the difference. If you or someone you know has been charged, consult an experienced attorney who can protect your rights and provide guidance.

For more information about DUI laws in Indiana, visit the Indiana Bureau of Motor Vehicles.