Indiana DUI Defense Guide — Charges & Options
DUI basics, court steps, and what happens next
A DUI arrest triggers two separate proceedings that run at the same time. The criminal case decides guilt, penalties, and your record. The administrative case decides whether your license is suspended — often on a much shorter deadline. Missing a step in one track can limit your options in the other, which is why understanding both paths from the start matters.
The two tracks: criminal and administrative
Track 1: Criminal prosecution
The criminal case is a court proceeding where the state must prove OWI beyond a reasonable doubt. Indiana's per se BAC limit is 0.08 §9-30-5-1, but you can also be charged based on impairment regardless of BAC. A first offense is classified as a Class C misdemeanor (BAC 0.08-0.149%); Class A misdemeanor (BAC ≥ 0.15%).
Track 2: Administrative license action
The administrative action is handled separately from the criminal case §9-30-6-7. It can result in license suspension even if the criminal case is eventually dismissed. You have 10 days from date of arrest to request a hearing to contest the suspension.
What triggers enhanced penalties
- BAC ≥ 0.15 (Class A misdemeanor instead of Class C)
- Endangering another person
- Passenger under 18 when driver is 21+ (Level 6 felony)
- Serious bodily injury (Level 5 felony)
- Death (Level 4 felony)
- Prior OWI within 7 years
Implied consent and chemical testing §9-30-6-1
Indiana has an Implied consent law: by driving on Indiana roads, you have implicitly consented to chemical testing when lawfully arrested for OWI. Refusing the test carries its own consequences: 1-year license suspension; 2-year suspension if driver has at least one prior OWI. In Indiana, refusal to submit to chemical testing is admissible as evidence at trial §9-30-6-1.
BAC thresholds that matter
| Category | BAC Limit | Consequence | |
|---|---|---|---|
| Standard per se | 0.08 §9-30-5-1 | OWI charge without other evidence of impairment | |
| Enhanced penalty | 0.15 (elevates first offense from Class C to Class A misdemeanor) §9-30-5-1(b) | Higher minimum penalties and longer license suspension | |
| Under 21 | 0.02 | Zero tolerance violation | |
| Commercial (CDL) | 0.04 §49 C.F.R. § 383.51 | CDL disqualification |
Why timing matters most
OWI cases are unusually time-sensitive. The administrative hearing deadline begins running from the date of arrest or notice — not from the first court date. Evidence (dashcam footage, witness recollections, calibration records) can deteriorate. Early attorney involvement can preserve options that disappear with delay.
Ready to Talk to a Lawyer?
Submit a short intake form and a participating Indiana attorney who handles this type of matter may reach out to you. No commitment required.
Frequently Asked Questions
General answers to common questions. Specific outcomes depend on your facts and timing.
If you have a deadline, court notice, or upcoming hearing, mention it when requesting assistance so timing can be evaluated promptly.
- Per se limit: BAC of 0.08 or higher
- Commercial vehicle limit: 0.04 (set by separate statute in some states)
- Under 21: 0.02 (zero tolerance; set by separate statute in some states)
- Refusal consequence: 1-year license suspension; 2-year suspension if driver has at least one prior OWI
- Refusal admissible at trial: yes
- Hearing deadline: 10 days from date of arrest
- First offense suspension: 180 days for failed chemical test (or until court disposition, whichever is sooner); 1 year for refusal