INDIANA LAW REGARDING DUI/OWI

In Indiana, 'Intoxicated' means under the influence of alcohol or drugs so that there is an impaired condition of thought and action and the loss of normal control of one's faculties.  Endangerment of others, if alleged, may also be included in this definition.

The basic suspension in Indiana is called an administrative suspension.  A citizen receives this suspension because he fails the chemical test (.08% or higher) or, he refuses the chemical test.  This suspension is unrelated to whether you are ultimately found guilty or 'not guilty'.

If you are ultimately convicted of a drinking driving offense by trial or plea bargain, a conviction suspension will apply.  You may receive credit for your administrative suspension so long as you did not refuse the chemical test. Typical conviction suspensions include 90 days - 2 years for first offenders, 1-2 years for 2nd offenders, and, 10 years for 3rd offenders depending on the timing of the offenses.

Some other license suspensions can be imposed for drug cases, death or injury cases, failure to insure cases, and, leaving the scene of an accident cases.

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Carl A. Salzmann, Attorney
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