Indiana Drunk Driving Laws

When is a Driver Considered to be Legally Drunk in Indiana?

• Non-commercial drivers age 21+ are considered legally drunk when their blood alcohol level is .08 or more.
• Drivers of commercial vehicles are legally drunk when their blood alcohol level is .04 percent or greater.
• Drivers under 21 are legally drunk when their blood alcohol measures .02 or more.

Penalties for Drunk Driving in Indiana

• First-time offenders face a driver’s license suspension of 90 days to two years.
• A person who has a previous conviction that occurred more than five years but less than 10 years before faces a driver’s license suspension period of 180 days to two years.
• Those who have at least one previous conviction of DUI will be imprisoned for at least five days or required to perform at least 180 hours of community restitution or service. These offenders will also be required to undergo an alcohol assessment and may be required to attend a treatment program.
• A person who has a previous conviction that occurred less than five years of the current violation faces a driver’s license suspension of one to two years.
• A person who has at least two previous DUI convictions will be imprisoned for at least 10 days or be required to perform at least 360 hours of community restitution or service. These offenders will also be required to undergo an alcohol assessment and may be required to attend a treatment program.
• A person who causes serious bodily injury to another while driving with a BAC of .08 or greater faces six months to three years in prison, as well as a fine of up to $10,000. If the person has a previous DUI conviction within five years, the prison term is between two and eight years. Those who drive drunk and cause serious bodily injury face a driver’s license suspension of two to five years.
• A person who drives with a BAC of at least .08 but less than .15 faces up to 60 days in prison and a fine of up to $500.
• A person who drives with a BAC of .15 or greater faces up to one year in prison and is subject to pay a fine of up to $5,000.
• A person who has a previous DUI conviction that occurred within five years of the current violation faces six months to three years in prison and a fine of up to $10,000 if the person drove with a BAC of .08 or over while a passenger under 18 was in the vehicle.
• A person who causes the death of another while driving with a BAC of at least .08 faces two to eight years in prison and a fine of up to $10,000. If, however, the person has a previous DUI conviction within five years of the current violation, the prison term is six to 20 years. Those who drive drunk and cause another person’s death face a driver’s license suspension of two to five years.
• A person who causes the death of another while driving with a BAC of .15 or more faces six to 20 years in prison and a fine of up to $10,000.
• Where a person’s drunk driving causes emergency medical services to be dispatched, the offender will be responsible to make restitution of up to $1,000.

• Other Drunk Driving Penalties
• What is Indiana's Dram Shop Law?
• Criminal Liability for Selling or Furnishing Alcohol to a Minor

Ignition Interlock

A judge may order any person convicted of DUI to equip their vehicle with an ignition interlock system. If, however, the person has a previous conviction that occurred within 10 years of the current conviction, the judge must order the use of an ignition interlock system, unless the offender successfully participates in an alcohol treatment program.

Commercial Drivers

In addition to other penalties associated with Indiana’s DUI laws, a commercial driver who is convicted of DUI while driving any vehicle will be disqualified from operating a commercial vehicle for one year. If, however, the offender was driving a commercial vehicle and transporting hazardous materials at the time, the disqualification period is three years. A commercial driver who is convicted of a second DUI will be disqualified from driving a commercial vehicle for life.

Drivers Under 21

A person under 21 who is convicted of driving with a BAC of at least .02 but less than .08 faces a driver’s license suspension of up to one year and a fine of up to $500. Underage drivers who commit a DUI with a BAC of .08 and greater may be subject to the DUI penalties applicable to adults.

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What is Indiana’s Dram Shop Law?

Under Indiana law, a licensed drinking establishment or a person may be held civilly liable for selling or furnishing alcohol to another with knowledge that the person is intoxicated. Liability may also attach to those who furnish alcohol to a minor with knowledge that the person is under the legal drinking age.

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Criminal Liability for Selling or Furnishing Alcohol to a Minor

In Indiana, it is a crime to sell or give alcohol to a minor. Anyone who violates this law faces up to 60 days in jail and is subject to pay a fine of up to $500.

Need more information on state laws? Learn more about the laws where you live.

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Note: Our attorneys are licensed to practice law in Pennsylvania, West Virginia, Ohio, Maryland, and Virginia. This information is not intended to solicit clients for matters outside of the states of Pennsylvania, Ohio, West Virginia, Maryland, and Virginia, although if you are injured in an accident, we have relationships with other personal injury attorneys and lawyers throughout the United States.