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Despite ongoing efforts to raise awareness and enforce stricter penalties, impaired driving continues to pose a threat to road safety in Indiana. In today’s article, we’ll break down Indiana’s drinking and driving laws, an important factor for those affected by impaired driving incidents.
Drinking and driving contribute to numerous preventable accidents, injuries, and fatalities each year. But with the right legal team by your side, it’s possible to pursue legal action and recover the costs of your injuries and damages. If you’ve been involved in a drunk driving accident, here’s all you need to know:
What Is the Legal Limit for Alcohol in Indiana?
In Indiana, the legal Blood Alcohol Concentration (BAC) limit for drivers over 21 years of age is 0.08%. This means that drivers with a BAC of 0.08% or higher can be charged with Operating While Intoxicated (OWI), which is Indiana’s legal term for impaired driving.
Commercial drivers face stricter regulations, with a legal BAC limit of 0.04%, due to the higher risks associated with operating large vehicles on the roads. On the other hand, underage drivers (those under 21) are subject to a zero-tolerance policy and can face legal action with a BAC of 0.02% or higher.
According to the Indiana University Public Policy Institute (PPI), 72 people died in alcohol-impaired driving crashes in 2022. Among drivers in fatal crashes who were tested for blood alcohol content, 9% were legally impaired, with higher rates among motorcycle operators (18%) and passenger car drivers (10%).
Drivers may still face charges when their BAC is below 0.08% if their driving is demonstrably impaired by drugs or other substances. For more insights on this, explore our guide on the difference between DWI and DUI in Indiana.
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Understanding the Consequences of a DUI in Indiana
A DUI conviction can lead to serious legal consequences that vary depending on many factors, such as BAC level, prior convictions, and the severity of the incident. If you’re charged with DUI in Indiana, the consequences can include:
- Misdemeanor DUI offenses: For a first-time offense with a BAC between 0.08% and 0.15%, the charge is typically classified as a Class C misdemeanor. The charge becomes a Class A misdemeanor if the BAC is 0.15% or higher.
- Felony DUI offenses: DUI charges can escalate to a felony under specific conditions, such as repeat offenses, causing serious injury, or operating with a high BAC while a minor is present in the vehicle. DUI offenses that result in serious injuries or fatalities may lead to Level 6 or Level 5 felony charges.
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How Long Do You Have to Report a DUI in Indiana?
If you’re involved in a car accident while impaired, Indiana law requires you to report the incident to the appropriate authorities as soon as possible.
Drivers must stop at the scene, exchange contact and insurance information with other involved drivers, and call the police immediately. According to Indiana Code § 9-26-1-1.1, failing to report an accident involving injuries, fatalities, or significant property damage can result in criminal charges against the fleeing driver.
Once law enforcement arrives, officers will document the DUI incident. They will collect evidence such as breathalyzer results and witness statements, which are critical for subsequent legal actions. Make sure you keep a copy of the official police report.
One of your legal rights after getting hit by a car in Indiana is to pursue compensation to cover all the damages caused by the negligent driver. At Christie Farrell Lee & Bell, we protect this right by conducting thorough investigations to build solid, evidence-backed cases that ensure fair compensation through negotiations with insurers or litigation in court.
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Uninsured Motorist Coverage in Hit-and-Run and DUI Accidents
When an at-fault driver in a DUI or hit-and-run accident is uninsured or fled the scene, uninsured motorist coverage can be a vital source of compensation for victims. This coverage helps pay for medical expenses, lost wages, and other damages when the responsible driver cannot be identified or lacks insurance.
On the other hand, if a driver isn’t at fault in a car accident but lacks insurance, Indiana’s “no pay, no play” rule can limit their ability to recover compensation for certain damages (such as pain and suffering) even if the other driver is at fault.
However, the not-at-fault driver may still be able to claim compensation for medical expenses and property damage directly from the at-fault driver’s insurance policy with the help of an experienced lawyer.
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Indiana Open Container Laws and Penalties
Indiana’s open container laws prohibit the presence of open alcohol containers in the passenger area of a vehicle. This rule applies to both the driver and passengers.
Violating the open container law is typically considered a Class C infraction and can lead to fines. However, if the driver is also found to be impaired, an open container violation will strengthen the evidence against them in a DUI case.
Contact Us for Guidance on Indiana DUI Cases
Pursuing legal action after a DUI case in Indiana can be challenging and stressful, but you don’t have to face the legal system alone. At Christie Farrell Lee & Bell, our experienced attorneys are here to help you understand your rights and pursue the compensation you deserve.
With over 30 years of experience in Indiana, we’re committed to guiding you through every step of the claims process. We offer free consultations to discuss your situation directly with our team, helping you understand the best strategies for your case and giving you an estimate of the potential value of your claim.
Plus, we don’t charge any fees unless we win your case, allowing you to pursue legal action with no upfront costs. Contact us today for a free consultation and personalized support in your DUI-related case!
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