This is the lowest possible criminal charge in Indiana. Now, if you have been convicted of a DUI in the last seven 7 years this was changed from five years in , or if you are over the age of 21 and have a passenger in the vehicle with you who is under 18 years old, you can be charged with a Level 6 Felony under the Indiana DUI laws.
If you have a previous conviction for a DUI that caused a death, catastrophic injury, or serious bodily injury to a person, you can be charged with a Level 5 Felony. And, if your DUI caused a death or catastrophic injury to a person, you can be charged with a Level 4 Felony. In a previous article , we discussed the different criminal sentencing guidelines for misdemeanors and felonies in Indiana and we explained what each of the terms mean. We also discussed that even if you are sentenced to 1 year in jail, all of that sentence could be suspended to probation.
But for quick reference, below are the possible sentence ranges for DUI convictions in Indiana:. The Indiana cases interpreting the Indiana DUI laws have held that some evidence beyond intoxication is required to prove endangerment. Likewise, the Indiana Court of Appeals held that excessive speeding and crossing the center yellow line was enough to establish the endangerment element because the defendant operated a vehicle that endangered any person, including the public, the police, or the defendant.
First off, almost everyone who is arrested for a DUI in Indiana, first time or otherwise, will likely spend some time in jail after being arrested. Often, it is less than a day. However, if it is a weekend, holiday, or if the DUI resulted in serious bodily injury, it could be longer. Also, if you have pending charges elsewhere, are on probation, or have an active warrant, you could be held for much longer.
But, after the case is decided, either through a plea agreement or after a trial, how much time you will spend in jail for a DUI conviction? The answer again is it depends. It depends on which Indiana county where you receive a conviction.
Some Indiana counties have stricter punishment than others. Even within the same county, there can be a difference depending on the judge. Some counties or judges allow for sentences to be served on home detention and others do not.
Some counties require a minimum amount of jail time even for a first-time conviction, others do not. It can also depend on if someone else was hurt or if there was an accident. Judges and prosecutors have a lot of discretion when it comes to sentencing and the offering of plea agreements. You should speak to a qualified Indianapolis DUI attorney to discuss the specific facts of you case. As seen in the chart below, there are minimum sentencing requirements depending on the number of prior convictions:.
The actual amount of jail time served, if any, will depend on level of conviction, the county, and the particular judge. The actual amount of jail time served will depend on level of conviction, the county, and the particular judge.
License Suspension For a C Misdemeanor, up to 60 days license suspension. It cannot be a charge on its own but enhances the sentencing of an underlying conviction.
In other words, it allows the judge the discretion to sentence an offender for a longer period than the underlying charge would allow. According to I. If the state alleges only two 2 prior unrelated vehicular substance offense convictions, the allegation must include that at least one 1 of the prior unrelated vehicular substance offense convictions occurred within the ten 10 years before the date of the current offense. What does this mean? Also, if a person has three prior convictions of DUI, then it does not matter if it was 10 years ago or longer, the person can be charged with being a HVSO.
Here is an example of how this works. That person was previously convicted of two prior DUIs, one when they were 18 years old and another when they were 25 years old.
The State of Indiana cannot charge the person with a HVSO because both prior convictions occurred more than 10 years ago e. However, if we change the facts, the results are different.
That person has three 3 prior convictions for a DUI, instead of two. There were convicted when they were 18, 25, and 31 years old. Why is this important? Because the HVSO sentencing enhancement is an additional 1 year to 8 years of imprisonment on a sentence if a person is convicted of the new DUI. So even if a person is convicted of a Class C Misdemeanor DUI remember its only 60 days of jail in Indiana , they are now facing a potential 1- 8 years of prison time on top of that 60 days.
As you can see, the penalties increase for consecutive DUI convictions in Indiana. There are several nuances and pit-falls when it comes to the HVSO. It is critical that you contact an Indianapolis DUI attorney at your earliest convenience to talk about the consequences of a DUI, especially if you have been convicted of a DUI before. You need to speak to an experienced attorney who has dealt with HVSOs and sentence enhancement cases before.
There are two types of suspension in Indiana when it comes to DUIs. If you refuse to take a chemical test, the BMV will suspend your license for one year. However, if you have a prior DUI conviction and refuse a chemical test, the BMW will suspend your license for two years.
The second type of suspension is a court-ordered suspension. The amount of time the court can suspend your license depends on the maximum amount of incarceration for the offense. If you plead guilty, or are found guilty at trial, and a 60 days license suspension is imposed, this will change the automatic day suspension already imposed by the BMV.
Also, the Court will likely backdate your suspension to the date your license was suspended by the BMV. Therefore, you may have your license back very soon after a dismissal, guilty plea or trial depending on the length of the Court ordered suspension. Follow him on Twitter: VicRyc. Facebook Twitter Email. Vic Ryckaert IndyStar. Show Caption. Hide Caption. How to stay safe on Indiana's highways. Become a Member. Online Contribution Form. Membership Eligibility Rules. Download Sustaining Membership Application Form.
State Approved Seminars. IC a prohibits the operation of a vehicle with at least. IC b. IC b prohibits the operation of a vehicle with. IC 2. Additionally, the Court must order the convicted person to serve at least five 5 days imprisonment if they have one previous conviction and ten 10 days imprisonment if they have two 2 or more convictions without good time credit.
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