Operating While Intoxicated
Drunk Driving in Indiana
The proliferation of ride-sharing computer applications and growing awareness of the danger of drunk driving, it is heartening to see drunk driving dwindle, however it still transpires and can leave one upset and concerned. We at the Law Office of Kirk Freeman understand that this offense happens across the strata of society and have been handling Operating While Intoxicated (OWIs here, other states know them as DUIs) for many years for our clients through many changes in Indiana law.
What am I looking at?
Well, it depends on what you are prosecuted for as Indiana uses a progressive regime of offenses.
If the Blood Alcohol Content (BAC) is .08 to .14 or a Schedule I or II drug, then it is a Class C misdemeanor (0 to 60 days and up to a $500 fine).
If the BAC is more than .15, then it can be a Class A misdemeanor (0 to 365 days in jail and up to a $5,000 fine).
If you were 21 or over and had a minor passenger, then you can be prosecuted for a Level 6 felony (6 months to 2.5 years).
Can I be arrested and prosecuted for OWI under .08 BAC?
Yes, you can. Intoxication can transpire at different levels for different people. Intoxication can happen under .08 for those of a petite build, or (what we see) is individuals mixing alcohol with other intoxicants—marijuana, abuse of prescription bills, even glue huffing.
What if I have a prior?
If you have a prior OWI within seven (7) years (changed from five (5) in 2019) then the offense is a Level 6 felony (six (6) months to two and a half (2.5) years and up to a $10,000 fine.
If you have one (1) prior OWI, there is a mandatory five (5) day jail sentence or 240 hours of community service. If you have two (2) prior OWIs, there is a mandatory 10 days or 480 hours of community service.
Be advised Indiana has a “sentencing enhancement” in that if you have two (2) prior OWIs and one (1) of the offense is within ten (10) years, then you could be subjected to the Habitual Vehicle Substance Offender sentencing enhancement which could be an additional 1 to 8 years of incarceration.
I watch the news and more and more states are legalizing marijuana, how do pot and OWI work?
Regardless of your political stance on marijuana, marijuana is not legal in Indiana. If the drug is metabolizing (breaking down) in your body, then no level of marijuana use is legal. However, Indiana does consider it a defense to have been prescribed the controlled substance and within normal range of prescribed use. Drinking alcohol with the prescription may invalidate that defense.
So, what about my license?
Unlike other states, Indiana suspends “up front” when probable cause has been found by a court that you committed the offense of OWI. Notice is then sent to the BMV in Indianapolis and your license is suspended for one hundred eighty (180) months. You can recoup your license by resolving your case, or by a process that used to be called a “hardship” license, now called a Specialized Driving Permit (SDP) which allows you to drive for employment, child visitation, medical reasons, education, inter alia. An SDP can be valid for six (6) months to two and a half (2.5) years.
What should I do if arrested?
1. Do not talk about your arrest, unless you speak with an attorney. Do not lament your situation on social media or even with family.
2. Contact an attorney who does this type of case.
3. Write down what you remember for your attorney as well as any witnesses and receipts that you may have or have on a credit/debit card.
Let’s go over some of the most asked questions we at the Law Office of Kirk Freeman receive:
The Law Office of Kirk Freeman has been fighting to end the Drug War and fighting for our clients for a long time.