- An operator of a motor vehicle whose alcohol concentration is greater than or equal to .08 grams and less than .15 grams of alcohol per 100 milliliters of blood or 210 liters of breath commits a Class C Misdemeanor. Driving with any schedule I or II substance as defined by IC 25-48-2 (such as marijuana, methamphetamine or cocaine) or its metabolite in his/her body commits a Class C Misdemeanor, punishable by up to 60 days in prison and up to a $500 fine. (IC 9-30-5-1)
- An operator of motor vehicle whose alcohol concentration is greater than or equal to .15 grams per 100 milliliters of blood or 210 milliliters of breath commits a Class A Misdemeanor. Class A Misdemeanors are punishable by up to one year in prison and up to a $5000 fine. (IC 9-30-5-1)
- An operator of a motor vehicle who, while driving under the influence of drugs or alcohol endangers a person (including him/her self) commits a Class A Misdemeanor punishable by up to one year in prison and up to a $5000 fine. (IC 9-30-5-2)
- A second violation of IC 9-30-5-1 or IC 9-30-5-2 is a Class D Felony if there has been a previous conviction within the past five years of the current violation. (IC 9-30-5-3) D Felonies are punishable by a fine of up to $10,000 and up to 3 years in prison.
- A person that causes serious bodily injury to another person while operating a motor vehicle with an alcohol concentration of .08 grams or more per 100 milliliters of blood or 210 liters of breath, or has a schedule I or II substance or its metabolite in his/her body, commits a class D Felony. If there has been a previous, unrelated conviction within the past five (5) years for operating a vehicle while intoxicated it is a Class C Felony; punishable by up to eight years in prison and up to $10,000 in fines. (IC 9-30-5-4)
- It is a separate offense for each person injured by the impaired operator. (IC 9-30-5-4)
- An operator of a motor vehicle that kills another person with an alcohol concentration of .08 or more, or with a controlled schedule I or II substance or its metabolite in his/her body, commits a Class C Felony punishable by up to eight years in prison and up to $10,000 in fines. (IC 9-30-5-5)
- If the operator who kills another person has a previous conviction under IC 9-30-5 within the previous five years the penalty is a Class B Felony; punishable by up to 20 years in prison and up to $10,000 in fines. (IC 9-30-5-5)
- It is a separate offense for each person killed by the violation of (IC 9-30-5-5)
If you are arrested.
- You will be handcuffed and taken to the police station.
- Your car and your person will be searched.
- Your car will be towed at your expense.
- You will be asked to take a certified breath test. If you refuse, your license will automatically be suspended for one year. (Implied consent law IC 9-30-6-1)
- If you take a breath test and it shows that your blood alcohol content is .08% or more, your driver’s license will be suspended for a minimum of 30 days.
- To be released from jail, bail will have to be posted.
If you are arrested Convicted of Operating a Vehicle While Intoxicated?
First Offense
- You will have to pay court costs and fees in excess of $300.00.
- You may receive a jail sentence of up to one year.
- You will be fined up to $5,000.
- Your license may be suspended up to two (2) years, or
- You may be placed on probation and be required to enroll in, and pay for, a substance abuse education course. Your license may also be suspended for a minimum of 30 days followed by a 180-day probationary period in which you can only drive for employment purposes.
- You may be required to have an Ignition Interlock Device installed on your car.
- You may be required to attend a victim impact panel.
- You may be required to submit to urine testing for drugs and alcohol.
- You may also face other terms of probation.
- You will be imprisoned for a minimum of five (5) days or up to three years, and/or be required to perform community service.
- You will be fined up to $10,000
- Your license will be suspended at least 180 days and up to two (2) years.
- You may be placed on probation and be required to enroll in, and pay for, a substance abuse education course.
- You may be required to have an Ignition Interlock Device installed on your car.
- You may be required to attend a victim impact panel.
- You may be required to submit to urine testing for drugs and alcohol.
- You may also face other terms of probation.
- You may be imprisoned for a minimum of ten (10) days and up to three (3) years and/or be required to perform community service.
- You will be fined up to $10,000
- Your license will be suspended for a least one (1) year and may be suspended for up to ten (10) years.
- You may be adjudged as a habitual traffic violator.
- You may be charged and sentenced as a habitual substance offender, for which you may be imprisoned for an additional term of one (1) year and up to an additional eight (8) years.
- You may be placed on probation and be required to enroll in, and pay for, a substance abuse education course.
- You may be required to have an Ignition Interlock Device installed on your car.
- You may be required to attend a victim impact panel.
- You may be required to submit to urine testing for drugs and alcohol.
- You may also face other terms of probation.
Open Containers and Consumption in a Vehicle
(IC 9-30-15-3)
- A person in a motor vehicle who, while the motor vehicle is in
operation or while the motor vehicle is located on the right-of-way of a
public highway, possesses a container:
- (1) that has been opened;
- (2) that has a broken seal; or
- (3) from which some of the contents have been removed;
- (c)A violation of this section is not considered a moving traffic violation:
- (1) for purposes of IC 9-14-3; and
- (2) for which points are assessed by the bureau under the point system.
- If a person has a previous unrelated judgment under this law or a previous unrelated conviction or judgment under 9-30-5 within 12 months before a judgment under this chapter, the court may recommend a driver’s license suspension for up to a year (IC 9-30-15-3)
- An operator of a motor vehicle who knowingly consumes an alcoholic beverage while the vehicle is being operated on a public highway may be fined up to $1000 (B infraction) (IC 9-30-15-4).
Minors
- If you are a minor and lie about your age or present false evidence that you are not a minor (such as a fake ID or using someone else’s ID), the court may fine you up to $500. Using a fake ID will also result in a license suspension for up to 1 year (IC 7.1-5-7-1).
- It is a class C misdemeanor (up to 60 days in jail and $500 fine) for a minor to possess, consume, or transport alcohol on a public highway (if you’re not riding with at least one parent). If you are driving a motor vehicle while doing any of the above, the court may order your license suspended for up to 1 year. If you are less than 18, however, the judge must suspend your license for at least 60 days (IC 7.1-5-7-7).
- If you are under 21 years of age and drive a motor vehicle with a blood alcohol content between 0.2-0.8, you will be fined up to $500 and your license suspended for up to 1 year (IC 9-30-5-8.5).
- In addition to these penalties, local school systems also impose their own penalties such as expulsion, in-school suspension, and exclusion from athletic participation and other extracurricular activities.
