Sherin is a content and copywriter from Texas who specializes in writing for the legal tech, fintech, martech and cybersecurity sectors. She leverages the power of words to help meaningful brands inspire, inform and connect with their audience through impactful content.
Sherin Mamachen
Sherin is a content and copywriter from Texas who specializes in writing for the legal tech, fintech, martech and cybersecurity sectors. She leverages the power of words to help meaningful brands inspire, inform and connect with their audience through impactful content.
Jeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or as interesting as possible).
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Jeffrey Johnson, J.D.
Jeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or as interesting as possible).
Editorial Note: We earn a commission from partner links on Forbes Advisor. Commissions do not affect our editors' opinions or evaluations.
Indianapolis, famed for its auto-racing scene and rich basketball culture, is no stranger to heavy traffic and the occasional risk of DUI incidents. In a city where the roar of engines is a backdrop to everyday life, law enforcement often pulls people over under suspicion of drunk driving—and if it results in a conviction, it can quickly force your life to a screeching halt.
Fortunately, the Hoosier State is home to top-notch criminal defense attorneys adept at handling DUI cases. This article spotlights 10 great DUI lawyers in Indianapolis and offers essential details on Indiana DUI laws and penalties.
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DUI Laws in Indiana
Indiana strictly prohibits operating a vehicle while intoxicated (OWI), which is defined as driving while under the influence of drugs or alcohol. An OWI is sometimes referred to as driving while intoxicated (DWI) or driving under the influence (DUI)—these terms describe the same legal offense and carry serious consequences, even for first-time offenders.
In the sections below, we offer insights on several crucial elements of OWI: Blood Alcohol Concentration (BAC) limits that define legal intoxication, implied consent laws, the penalties for this offense and what happens after an arrest.
Legal Blood Alcohol Concentration (BAC) in Indiana
In Indiana, an OWI charge applies if you’re found operating a vehicle under the influence of alcohol or Schedule I or II controlled drugs (or its metabolites), like marijuana, adderall and fentanyl.
The state defines intoxication based on Blood Alcohol Concentration (BAC) levels:
- 0.08% or higher for drivers 21 years or older
- 0.04% or higher for commercial drivers
- 0.02% or higher for drivers under 21 years of age
Drivers with a BAC of 0.15% or higher will be cited with harsher penalties.
If a driver’s BAC is 0.08% or higher, this alone is enough to show the driver is impaired and shouldn’t have been driving—rendering them an OWI charge under Indiana’s “per se” BAC limit DUI law.
Indiana also has a zero tolerance policy, meaning drivers under 21 can be charged with a OWI if they have a BAC of 0.02% or higher in their system while driving. Even if they haven’t consumed enough alcohol to feel impaired, underage drivers still face the possibility of a Class C misdemeanor charge, license suspension for 180 days and a $500 fine under this strict rule.
Implied Consent Laws in Indiana
In Indiana, holding a driver’s license comes with the implied agreement to submit to chemical testing if you’re stopped under suspicion of OWI.
Refusing this test carries significant consequences. Not only can it be used as evidence against you in court, but it also leads to an automatic suspension of your driving privileges—for one year on the first refusal and for two years if you have been charged with a OWI before.
On top of that, the license suspension you face for refusing a chemical test will be in addition to any suspension you’ll have to face if you’re convicted of drunk driving.
If you agree to undergo the test, it will be conducted in a structured manner, adhering to strict guidelines. The implied consent law adds that the police officer must conduct the breath or blood test within three hours of the initial suspicion of OWI. The officer is also required to inform you about the implied consent law prior to administering the test.
DUI Penalties in Indiana
In Indiana, DUI penalties vary based on the BAC level, the age of passengers in your vehicle and any prior drunk driving incidents on your record. Here is a breakdown on how your charge will be classified based on your specific circumstances.
| Classification | DUI Charge |
|---|---|
|
Class C Misdemeanor
|
You may be charged with a Class C misdemeanor if you’re:
• operating a vehicle with a BAC level between .08% and .14%.
|
|
Class A Misdemeanor
|
You may be charged with a Class A misdemeanor if you’re:
• found driving with a blood alcohol content (BAC) of .15% or higher, or
• operating a vehicle in a manner that endangers others.
|
|
Level Six Felony
|
You may face a Level Six felony charge under the following conditions:
• operating a vehicle while impaired with a minor present in the vehicle.
• having a previous drunk driving conviction within the past five years.
• causing serious bodily injuries to another person.
|
|
Level Five Felony
|
You may be charged with a Level Five felony in these situations:
• If your impaired driving results in the death or catastrophic injury of another person.
• If you have a prior drunk driving conviction within the last five years and your current OWI incident involves causing significant injuries.
• If you have a previous drunk driving conviction involving severe injuries to someone within the past five years and your current charge also involves causing severe injuries.
|
|
Level Four Felony
|
A Level Four felony charge may be applied if you cause a death under these circumstances:
• If you have a previous OWI conviction within the past five years.
• If you had a prior driver’s license suspension due to another OWI charge or repeated traffic offenses.
• If your BAC was 0.15% or higher at the time of the incident that resulted in the fatality.
|
Penalties for a First DUI Offense in Indiana
Your first DUI offense in Indiana is typically charged as a misdemeanor, as long as aggravating factors like a minor in the vehicle or death and serious bodily injuries aren’t involved.
Here are the penalties you can expect to face for a first time DUI in Indiana.
| Penalty type | Standard Offense (BAC 0.08 to 0.14) | Elevated BAC of 0.15 or higher |
|---|---|---|
|
Offense level
|
Class C Misdemeanor
|
Class A Misdemeanor
|
|
Minimum incarceration
|
0 days
|
0 days
|
|
Maximum incarceration
|
60 days
|
365 days
|
|
Fines
|
Up to $500
|
Up to $5,000
|
|
Driver’s license suspension
|
Up to two years, or a minimum of 30 days followed by a 180-day probationary period during which you can only drive for work.
|
Up to two years, or a minimum of 30 days followed by a 180-day probationary period during which you can only drive for work.
|
|
Probation requirements
|
You may have to complete a substance abuse course, attend a victim impact panel, submit to urine testing for drugs and alcohol and fulfil other probation terms.
|
You may have to complete a substance abuse course, attend a victim impact panel, submit to urine testing for drugs and alcohol and fulfil other probation terms.
|
Penalties for a Second DUI Offense in Indiana
Indiana has a five year and 10 year look back period for DUI offenses. This means if you’re charged with a DUI for the second time within five years of your first conviction, it could be charged as a Level Six Felony, which accompanies stiffer penalties. The 10-year look back period is used to determine the severity of sentencing for multiple DUI offenses.
Here are the penalties you can expect to face for a second-offense DUI in Indiana.
| Penalty Type | Details |
|---|---|
|
Minimum incarceration
|
Five days
|
|
Maximum incarceration
|
Three years
|
|
Fine
|
Up to $10,000
|
|
License suspension
|
180 days to two years
|
|
Probation requirements
|
You may have to complete a substance abuse course, attend a victim impact panel, submit to urine testing for drugs and alcohol and fulfil other probation terms.
|
|
Community service
|
Up to 250 hours in addition or lieu of jail time
|
Penalties for a Third DUI Offense in Indiana
If you’re charged with a DUI for the third time, penalties increase when compared to first and second-time offenders.
Here’s an overview of what the penalties will look like for the third offense:
| Penalty Type | Details |
|---|---|
|
Minimum incarceration
|
10 days
|
|
Maximum incarceration
|
Three years
|
|
Fine
|
Up to $10,000
|
|
License suspension
|
One to 10 years
|
|
Probation requirements
|
You may have to complete a substance abuse course, attend a victim impact panel, submit to urine testing for drugs and alcohol and fulfil other probation terms.
|
|
Community service
|
360 hours in lieu of some of the jail time
|
|
Additional penalties
|
You may be classified as a habitual violator.
You may be charged and sentences as a habitual substance offender and may have to serve an additional 1 to 8 years in prison term.
|
One of the primary repercussions of a OWI charge in Indiana is the potential suspension of the driver’s license, anywhere from 180 days to 10 years. A lifetime suspension is also possible if convicted of two serious traffic offenses within a decade.
The loss of a driver’s license can greatly disrupt daily activities, especially for those highly dependent on driving for work, education or family responsibilities. In some cases, courts might grant Specialized Driving Privileges (SDP), which come with restrictions like specific driving times, designated days or certain routes. The court may also require the installation of an ignition interlock device on your vehicle—a breathalyzer that prevents operation of the car if alcohol is detected.
However, SDP is not available if you refuse to undergo a chemical test when requested by law enforcement or if your drunk driving accident resulted in a death.
What to Expect After a DUI Arrest in Indianapolis
If you’re arrested in Indiana for an OWI, first, you will be handcuffed and taken to the police station. Both you and your car will be searched—your car will also be towed and you’ll have to cover the resulting towing costs.
At the station, you’ll be asked to take a certified breath test. Refusing this test triggers Indiana’s implied consent law, resulting in an automatic one-year suspension of your driver’s license (two years if you have a prior OWI on your record).
If the breath test shows your blood alcohol concentration (BAC) is 0.08% or higher, your driver’s license will face a minimum 30-day suspension. Finally, to be released from jail, you will need to post bail.
Following these initial steps, you’ll face an arraignment where the charges against you are formally presented. During the arraignment, you’ll have the opportunity to enter a plea. If you plead not guilty, the case will proceed through the legal system, which may include pre-trial motions, negotiations and potentially a trial.
How Can a DUI Attorney Help You?
Once you’ve a OWI conviction on your record, it can follow you for the rest of your life, long after the legal penalties have been served. Securing a skilled OWI attorney to defend against your charges is crucial. Not only does it offer protection throughout the legal process, but it also enhances your chances of achieving the most favorable outcome possible for your case.
Here’s how an Indiana DUI attorney can be instrumental to fight your charges:
- In-depth knowledge. A DUI attorney local to Indiana will know state-specific laws and penalties, along with any recent rulings, that may impact your case. This extensive knowledge can be indispensable when it comes to providing you with top-notch legal support and guidance. The attorney will also leverage their experience from working on similar cases to figure out the best OWI defense strategies that can be employed.
- Defending the charges. Your attorney will scrutinize the details of your case to identify any flaws or inconsistencies in the prosecution’s arguments. They may be able to challenge the traffic stop, highlight any procedural errors during chemical test administration or introduce other evidence to challenge the prosecution’s case, aiming for a charge dismissal or sentence reduction.
- Negotiating plea deals. Most of the OWI cases are resolved through plea deals. Your attorney can negotiate with the prosecutor, putting forth mitigating factors like your lack of prior offenses or your strength of character and strength of evidence, to advocate for a lesser charge or a more lenient sentence.
- Navigating driver’s license issues. If your license is suspended, the attorney can advocate for Special Driving Privileges, emphasizing to the judge why some of your driving rights should be restored. They may cite factors like the necessity of driving for your job and a clean driving record.
How to Choose the Best DUI Lawyer in Indianapolis, IN
Having the right attorney represent you in a DUI case can make a significant difference in the outcome. Here are some essential tips to guide your selection process.
- DUI experience. Seek a lawyer with a strong background in DUI cases. They should be well-versed in DUI strategies, have a proven track record with similar cases and regularly handle DUI cases. Their deep experience in DUI law is essential to navigate the unique challenges these cases present.
- Legal knowledge. The attorney must have thorough knowledge of the criminal justice system. This includes current DUI laws, local court procedures and procedures and protocols law enforcement must follow in DUI arrests. Comprehensive legal expertise is crucial for crafting an effective defense.
- Communication skills. Choose a lawyer who is approachable and translates complex legal concepts into understandable language. They should also prioritize clear, timely communication and be attentive to your concerns.
- Negotiation skills. Inquire about the lawyer’s success with plea bargains in DUI cases. Their skill in negotiating with prosecutors can significantly impact what penalties you’ll face, if pleading guilty.
- Trial experience. Even if a trial seems unlikely, a lawyer with courtroom experience is beneficial. This experience signifies their readiness to confidently defend you in court and challenge evidence or testimonies if needed.
- Reputation. Research their professional reputation through reviews, testimonials, Indiana State Bar Association and even local legal forums. A lawyer’s reputation in the legal community and among past clients provides valuable insights into their reliability, ethics and effectiveness.
Methodology
To come up with the best DUI lawyers in Indianapolis in 2024, Forbes Advisor considered many factors. Forbes Advisor’s mathematical analysis considers and weighs the information collected to calculate a specific rating and reviews these results to find the best attorneys in a given practice area.
Within the model, we take into account factors that legal professionals and consumers value in an attorney’s qualifications. After assigning weighted scores to hundreds of data points, we narrowed the field down to our top choices based on:
- Legal experience
- Special licenses and certifications
- Ethics and bar disciplinary measures
- Legal thought leadership
- Education and employment background
- Scholarly lectures and writings
- Awards and honors
Forbes Advisor collects public data from a variety of sources, including state bar associations, court records and other published sources on the internet. This information should not be considered comprehensive, however. It might not include additional relevant information on an attorney’s legal skills and experience.
Each lawyer listed here has their own merits. Bear in mind that our list relates to these lawyers’ legal backgrounds, but does not evaluate their personalities or their knowledge of the law. One attorney may be more suitable than another for your specific legal situation.
One thing that can’t be quantified, though, is the rapport you establish with your attorney. Personality goes a long way when teaming up with an attorney, especially when going through a potentially difficult legal situation. These rankings should serve as a reference and potential starting point in your search for the right lawyer for you and your legal concerns.
Frequently Asked Questions (FAQs)
How do you beat an OWI in Indiana?
To beat an OWI charge in Indiana, several strategies can be employed. One common approach is challenging the legality of the initial traffic stop—an unlawful stop can lead to the dismissal of the charges.
Another tactic involves scrutinizing the field sobriety tests and breathalyzer procedures; any errors in administration or calibration can impact the reliability of the results.
Attorneys might also negotiate plea deals, potentially reducing the charges or penalties. Additionally, for first-time offenders, exploring diversion programs could be a viable option, which might lead to the charges being reduced or dismissed upon successful completion.
How long does an OWI stay on your record?
In Indiana, you may be able to get your conviction sealed through expungement after a certain amount of time has passed and if you haven’t been charged for any other crimes during the time.
• Misdemeanor OWI Conviction. You can apply for expungement five years after the conviction.
• Level Six Felony OWI. For a Level six felony OWI, you become eligible for expungement eight to 10 years after the conviction.
• Serious Incidents. If the OWI resulted in a death or serious bodily injury, the conviction is ineligible for expungement and will remain on your record permanently.
How likely is jail time for a first DUI Indiana?
For a first-time OWI offense in Indiana, jail time is a possibility, especially if the case involves aggravating factors like a high BAC level, minors in the vehicle, severe injuries or death.
For first-time offenders charged with misdemeanors, alternatives like probation, community service or participation in an alcohol treatment program are explored.
