https://www.in.gov/cji/2385.htm
Operating a Motor Vehicle While Intoxicated
Read Indiana’s current laws for driving while intoxicated.
If You Are Arrested for Operating a Motor Vehicle While Intoxicated
- You will be handcuffed and taken to the police station.
- Your car and your person will be searched.
- Your car will be towed at your expense.
- You will be asked to take a certified breath test. If you refuse, your license will automatically be suspended for one year. (Implied consent law IC 9-30-6-1)
- If you take a breath test and it shows that your blood alcohol content is .08% or more, your driver’s license will be suspended for a minimum of 30 days.
- To be released from jail, bail will have to be posted.
If You Are Convicted of Operating a Motor Vehicle While Intoxicated
First Offense
- You will have to pay court costs and fees in excess of $300.
- You may receive a jail sentence of up to one year.
- You will be fined up to $5,000.
- Your license may be suspended up to two (2) years, or
- You may be placed on probation and be required to enroll in, and pay for, a substance abuse education course. Your license may also be suspended for a minimum of 30 days followed by a 180-day probationary period in which you can only drive for employment purposes.
- You may be required to attend a victim impact panel.
- You may be required to submit to urine testing for drugs and alcohol.
- You may also face other terms of probation.
Second Offense
- You will be imprisoned for a minimum of five days or up to three years, and/or be required to perform community service.
- You will be fined up to $10,000.
- Your license will be suspended at least 180 days and up to two years.
- You will also face other terms of probation listed under first offense.
Third Offense
- You may be imprisoned for a minimum of 10 days and up to three years and/or be required to perform community service.
- You will be fined up to $10,000.
- Your license will be suspended for a least one year and may be suspended for up to 10 years.
- You may be adjudged as a habitual traffic violator.
- You may be charged and sentenced as a habitual substance offender, for which you may be imprisoned for an additional term of one year and up to an additional eight years.
- You will also face other terms of probation listed under first offense.
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