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Have you been charged with Operating While Intoxicated (OWI) in Indiana? The Indiana DUI Attorneys at the law office of Tony Zirkle can help. A DUI or OWI charge can leave anyone confused and discouraged, but our drunk driving defense professionals can evaluate your case and tell you what your possibilities are and where you stand so you can make an informed decision and know how to proceed.

Have you or someone you know been charged with driving under the influence and need the help of Indiana DUI Attorneys? Contact the Indiana DUI Attorneys at the law office of Tony Zirkle for legal consultation and representation today!

In Indiana, anyone stopped by police with a Blood Alcohol Concentration (BAC) over the legal limit of .08 or with any schedule I or II controlled substance or its metabolite in their system will be charged with a Class C Misdemeanor. Schedule I or II controlled substance may include: marijuana, cocaine, GHB, methamphetamine, hydrocodone, Morphine, Amphetamine, Methadone, Heroin, etc. A driver who is found to have a BAC of .15 or greater, or endangers a person (including themselves) while driving under the influence of drugs or alcohol will be charged with a Class A Misdemeanor.

A second DUI or OWI violation within a period of five years is considered a Class D Felony. A person that causes serious injury to another person while driving with a BAC of .08 or has a schedule I or II controlled substance in their system will also be charged with a class D Felony. If there has been a previous OWI or DUI conviction within a five year period, the person will be charged with a Class C Felony. A driver with a BAC of .08 or higher, or with a schedule I or II controlled substance in their system that kills another person will be charged with a Class C Felony. If the driver who kills a person has a previous DUI or OWI conviction within a five year period he/she will be charged with a Class B Felony. There will be a separate charge for each person hurt or killed by the impaired driver.

Indiana penalties for each class of infraction:

Class C Misdemeanor: up to 60 days in prison and a fine of up to $500.

Class A Misdemeanor: up to one year in prison and a fine of up to $5,000.

Class D Felony: up to three years in prison and a fine of up to $10,000.

Class C Felony: up to eight years in prison and a fine of up to $10,000.

Class B Felony: up to 20 years in prison and a fine of up to $10,000.

An open container of alcohol in the passenger compartment while the vehicle is running or while the vehicle is in the right-of-way of a public highway, will be charged with a Class C infraction. An open container is defined by: a container that has been opened, a broken seal, or a container that is missing some of its content. A Class C Infraction is not considered a moving traffic violation. However, if the person has a previous judgment or conviction under this law within a 12 month period, they may have their driver’s license suspension for up to a year. If a driver who knowingly consumes alcohol while the vehicle is being driven on a public highway may be charged with a Class B Infraction and fined up to $1,000.

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