Indiana law states that a driver is considered legally intoxicated if they have a certain blood alcohol concentration or BAC. This is known as a per se DUI. Per Se DUI levels vary depending on a persons’ age and whether they were driving commercially. If you have been arrested for a per se DUI in Indiana, it is in your best interest to reach out to an Indianapolis DUI lawyer at Hessler Law. Call us at (317) 886-8800 for a free consultation.
Per Se DUI Guidelines
The per se DUI law means that when a driver’s BAC reaches a certain level, an officer does not need another reason to arrest them for a DUI in Indiana. Regardless of whether or not the driver shows the signs typically associated with being under the influence, the fact that their BAC level is at a certain level or greater is enough grounds for an arrest. Below are the guidelines of the per se law.
- A non-commercial driver who is 21 years of age or older is intoxicated if their BAC is at or above 0.08 percent.
- A commercial driver who is 21 years of age or older is considered intoxicated if their BAC is at or above 0.04 percent.
- Any driver who is under 21 years of age is referred to as intoxicated if their BAC is at or above 0.02 percent.
Per Se DUI Penalties
Indiana does not take DUIs lightly. If you have been arrested for a DUI, you may face serious penalties upon conviction. Your BAC level and previous criminal record will determine the severity of the penalties.
- First-Time DUI Offense – If you are convicted of a first-time DUI offense, you may spend up to one year in jail, pay $500 to $5,000 worth of fines, and get your driver’s license suspended for up to one year.
- Second-Time DUI Offense – A second-time offense DUI may leave you with up to two and a half years of jail time, up to $10,000 in fines, and a driver’s license suspension of up to two and a half years.
- Third-Time DUI Offense – If you are convicted of being a third-time DUI offender, you will be ordered to spend 10 days to two and a half years in jail as well as an additional eight years if a habitual substance offender enhancement is found. In addition, you’ll face steep fines of up to $10,000 and can get your driver’s license suspended for up to 10 years.
Per se DUI convictions could also result in increased car insurance premiums, required alcohol or substance abuse education, court costs, reinstatement fees, administrative fees, and the costs of installing and maintaining an ignition interlock device.
Contact an Indianapolis DUI Lawyer at Hessler Law
A DUI conviction can take a toll on your life. Therefore, if you’ve been arrested for one, you should contact an experienced Indianapolis DUI lawyer at Hessler Law at (317) 886-8800. Although defending a per se DUI charge is difficult, our firm may be able to prove that there is reason to believe that the BAC reports were modified at the time of your arrest or the testing equipment calibration lead to inaccurate results. With our legal representation by your side, you may be able to get your charges reduced or dismissed.