What’s The Difference Between DWI & DUI in Indiana?

In Indiana, distinguishing between DWI (Driving While Intoxicated) and DUI (Driving Under the Influence) is essential for anyone dealing with impaired driving charges. Although these terms are often used interchangeably, they have specific legal definitions and consequences under Indiana law. In this post, you’ll find all you need to know about the differences between DWI and DUI and how to take legal action to defend yourself with the help of an attorney.

What Are the Differences Between DWI and DUI in Indiana Laws?

On the one hand, DWI specifically refers to instances where a driver is found operating a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. This is a measurable, objective standard, and exceeding this BAC level constitutes a DWI offense. The severity of the charge escalates with higher BAC levels and repeated offenses.

On the other hand, DUI is a broader charge. It can apply not only to situations where a driver’s BAC is above the legal limit but also to cases where the driver is impaired by drugs or alcohol to a degree that renders them incapable of safely operating a vehicle. This means that even if a driver’s BAC is below 0.08%, they can still face DUI charges if their driving ability is demonstrably impaired.

The legal implications of a DUI charge vary based on the level of impairment and the presence of any aggravating factors, such as leaving the scene of an accident or having minors in the vehicle. Both DWI and DUI charges can lead to fines, license suspension, and even jail time, with the severity depending on the specific circumstances of the case and the driver’s history of similar offenses.

Statistics Related to DWI and DUI Accidents in Indiana

• Recent reports from the Indiana University Public Policy Institute concluded that there were 124 fatalities in alcohol-impaired collisions just in one year in Indiana, representing 14% of the state’s traffic fatalities.
• The same report states that approximately 34% of pickup truck drivers and 25% of passenger car drivers involved in fatal collisions in Indiana were alcohol-impaired.
• According to Responsibility.org, the rate of alcohol-impaired driving fatalities per 100,000 population stands at 3.1 in Indiana. For individuals under the age of 21, this rate is lower, with 1.5 alcohol-impaired driving fatalities per 100,000 population.
• The CDC reports that over ten years, 2,068 people were killed in crashes involving an alcohol-impaired driver in Indiana. Additionally, it says that 1.5% of adults report driving after drinking too much in the past 30 days.

Potential Penalties for DWI and DUI Offenses in Indiana

According to Indiana Code 9-30-5, the legal system imposes a range of penalties for DWI and DUI, depending on the severity of the offense and the individual’s prior history of similar violations. 

For example, for offenses involving operating a vehicle with a BAC of 0.08% or higher, the charges typically start as a Class C misdemeanor. However, if the BAC is 0.15% or more, or the driving behavior endangers someone, the charge escalates to a Class A misdemeanor.

The legal consequences become more severe with prior convictions. For instance, if an individual has been convicted of a similar offense within the past five years, they could face Level 6 felony charges. This level is also applicable if the driver, over the age of 21, is found with a BAC above the higher limit and had a minor in the vehicle at the time of the offense. 

The situation becomes even more severe if the impaired driving leads to bodily harm or death, resulting in a Level 6 felony. This elevates to a Level 5 felony for those with a previous conviction. Similarly, causing a fatality while driving under the influence is classified as a Level 5 felony, but this can increase to a Level 4 felony if you had a prior conviction within the last ten years.

Additionally, Indiana courts can mandate the installation of an ignition interlock device on the vehicles of offenders, particularly in cases of repeat offenses or high BAC levels. Offenders might also need to restitute the emergency medical services restitution fund. They could also face other penalties like mandatory imprisonment, community service, and participation in alcohol or drug abuse treatment programs.

Dealing with Charges for DWI or DUI

If you unfortunately have to deal with DWI or DUI charges, we recommend following these steps in order to ensure your rights are protected:

• Hire an attorney: Getting expert legal advice is crucial in these cases. An experienced lawyer will help you tremendously through the process, represent you in court if necessary, and help you navigate the legal system.
• Understand the charges and your rights: Make sure to fully comprehend the nature of the charges against you. Also, be aware of your legal rights, including the right to remain silent and the right to legal representation.
• Gather and review evidence: Work with your attorney to collect and review any relevant evidence, such as police reports, witness statements, and BAC test results.
• Consider plea options and prepare for court: Discuss with your attorney the possibility of a plea bargain and prepare thoroughly for any court appearances.
• Comply with court orders and explore alternatives: Follow all court orders if convicted and explore alternative sentencing options like diversion programs or alcohol education classes, especially for first-time offenses.

Even if you are in fact guilty of these charges, having a skilled attorney by your side is crucial to ensure that you are not being accused of more than what you deserve.

FAQs Related to DWI & DUI in Indiana

Is a DWI a Felony in Indiana?

In Indiana, a DWI is classified as a felony under certain circumstances, such as repeat offenses or if the incident resulted in serious injury or death.

Will I Go to Jail for My First DUI in Indiana?

Jail time for a first DUI offense in Indiana is a possibility, depending on the specifics of the case and the judge’s discretion. However, the penalties for a first-time DUI offense in Indiana more commonly include fines, community service, and a suspended license.

What is the DUI Limit in Indiana?

The legal blood alcohol concentration (BAC) limit in Indiana is 0.08% for drivers over 21. For commercial drivers, the limit is 0.04%, and for drivers under 21, it’s 0.02%.

We Can Help You Face DWI or DUI Charges

Facing DWI or DUI charges can be a challenging and stressful experience, but you don’t have to go through it alone. At Christie Farrell Lee & Bell, our team of experienced car accident attorneys is well-equipped to guide you through the legal process, from understanding your charges to exploring your best options for defense.