DUI/DWI Recent Legal Changes in Indiana

What recent changes have been made to our state’s DUI/DWI laws in Indiana?

1. The legal blood alcohol limit has been lowered from 0.08 to 0.05.

2. The amount of time for a driver to register a chemical test has been reduced from eight hours to three hours.

3. The court can require an ignition interlock device for drivers convicted of OWI/DUI.

4. An offender may be required to complete a substance abuse evaluation and treatment program as part of their sentence.

5. Enhanced penalties can be imposed for offenders with a BAC of 0.15 or greater and those who refuse a chemical test.

6. Drivers who are under 21 years of age with a BAC between 0.02 and 0.08 can be charged with an underage OWI/DUI offense, which carries enhanced penalties.

Have there been updates to the legal BAC (Blood Alcohol Content) limit in Indiana?

Yes, the legal BAC limit in Indiana was recently changed. The legal limit was lowered from 0.08% to 0.05%, effective July 1, 2020.

How have penalties for first-time DUI offenders changed in recent years in Indiana?

In recent years, Indiana has increased penalties for first-time DUI offenders. According to Indiana state law, a first-time DUI conviction can result in a minimum of five days in jail and a maximum of 60 days in jail, as well as fines ranging from $500 to $5,000. Additionally, first-time offenders may be sentenced to probation for up to two years, be required to complete an alcohol and drug assessment, and/or be ordered to complete a substance abuse rehabilitation program. In addition to these penalties, drivers convicted of operating a vehicle while intoxicated (OWI) may have their license suspended for up to two years. For repeat offenders, the penalties are significantly harsher.

Are there new ignition interlock device (IID) requirements or policies in Indiana?

Yes, Indiana passed a law in 2016 that requires drivers convicted of operating a vehicle while intoxicated (OWI) to install an ignition interlock device (IID) on their vehicle. This law requires drivers who have been convicted of an OWI offense with a BAC of 0.08 or higher to install an IID. The device requires the driver to pass a breathalyzer test in order to start the engine and will prevent the car from starting if the driver fails the test. Drivers must also comply with periodic retests while they are driving.

Have there been changes to the process of DUI checkpoints and stops in Indiana?

Yes, there have been changes to the process of DUI checkpoints and stops in Indiana. In 2020, Indiana passed a law requiring police officers to record the consent from drivers during a DUI checkpoint. The law also sets out specific procedures for a police officer to follow when conducting a DUI checkpoint or stop, which includes stating the purpose of the stop and reasons for suspecting that a person may be under the influence of alcohol or drugs. Additionally, the law requires the police officer to explain to the driver that they have the right to refuse consent to a search and that they are free to leave unless they are under arrest.

What impact have recent legal changes had on DUI/DWI sentencing in Indiana?

Recent legal changes to DUI/DWI sentencing in Indiana have resulted in harsher punishments for those convicted of the offenses. Under previous law, second-time offenders were required to serve a minimum sentence of six months in jail; however, this has been increased to one year under current law. In addition, the maximum sentence for a third offense has been raised from three years to eight years. Furthermore, offenders now face longer license suspensions, mandatory alcohol and drug treatment, the installation of an ignition interlock device on their vehicle, and higher fines. These changes have been aimed at deterring people from driving while under the influence and ensuring public safety.

Are there new diversion or treatment programs for DUI offenders in Indiana?

Yes, there are new diversion and treatment programs for DUI offenders in Indiana. The Indiana Criminal Justice Institute (ICJI) has developed a plan that encourages courts to consider using evidence-based, validated assessment instruments to improve the effectiveness of diversion and treatment programs for DUI offenders. The program also provides resources and support to help courts develop individualized treatment plans for DUI offenders. Additionally, the ICJI has developed a web-based DUI Treatment Referral System to help courts connect DUI offenders with appropriate treatment programs.

Has the process for DUI/DWI testing or blood draws been modified in Indiana?

Yes, the process for DUI/DWI testing and blood draws has been modified in Indiana in response to the COVID-19 pandemic. The Indiana Supreme Court has issued a number of orders to help ensure the safety of law enforcement officers and suspects during these tests. These orders have included, among other things, increasing the availability of personal protective equipment (PPE), requiring law enforcement officers to take suspect’s temperature prior to DUI/DWI testing, and implementing social distancing measures whenever possible. Additionally, an order was issued that suspended the statutory requirement of two witnesses present during a blood draw and allowed for the use of remote witnessing.

Have recent changes affected the availability of plea bargains in DUI cases in Indiana?

No, recent changes have not affected the availability of plea bargains in DUI cases in Indiana. Plea bargains and plea deals remain available in DUI cases in Indiana. The Indiana Criminal Code still allows plea agreements and plea bargaining in DUI cases, subject to the approval of the court. The court may accept a negotiated plea agreement or reject it, depending on the circumstances of each case.

Are there specific changes in DUI laws for underage drivers in Indiana?

Yes, Indiana has specific DUI laws for underage drivers. Under Indiana law, an underage driver (i.e., someone under the age of 21) who has a BAC of .02 or higher is considered to be driving under the influence (DUI). This is much lower than the legal limit for adults, which is .08. Additionally, any underage driver who is found to have any trace of alcohol in their system while driving can be charged with operating a vehicle while intoxicated (OWI). For an underage driver, the penalties for a DUI or OWI include license suspension, fines, and possible jail time.

Have there been updates to DUI laws regarding marijuana or other drugs in Indiana?

Yes, recently Indiana has passed legislation to update DUI laws regarding marijuana and other drugs. Indiana Senate Bill 154 was signed into law in 2020, and it establishes a per se limit for THC concentration in a person’s system while operating a motor vehicle. In addition, the bill also creates a new criminal offense of impaired driving with a THC concentration of more than 5 nanograms per milliliter of blood or 10 nanograms per milliliter of saliva in the person’s system. This new law goes into effect on July 1, 2021.

What changes have been made to DUI penalties for commercial driver’s license (CDL) holders in Indiana?

In Indiana, there are several changes to the DUI penalties that CDL holders face. The most significant change is that a DUI conviction will result in an automatic suspension of the CDL for one year, regardless of the amount of alcohol involved. Additionally, there is an increased penalty for a second or subsequent DUI conviction, which would result in a lifetime disqualification from holding a CDL. Finally, CDL holders who refuse to take a chemical test will now face an immediate one-year disqualification from holding a CDL.

Are there new reporting requirements for DUI/DWI convictions to other states in Indiana?

No, there are no new reporting requirements for DUI/DWI convictions to other states in Indiana. Indiana is a member of the Driver License Compact, which requires participating states to share information on traffic violations, including DUI/DWI convictions. This means that if a person is convicted of a DUI/DWI in Indiana, the conviction will be reported to their home state.

How have recent changes impacted the use of body cameras or dashcams during DUI stops in Indiana?

Recent changes to Indiana’s DUI laws have had a positive impact on the use of body cameras and dashcams during DUI stops. The new laws, which went into effect in 2020, allow law enforcement officers to use body cameras and dashcams while conducting DUI stops. This has been a major step forward in terms of modernizing law enforcement in Indiana and ensuring that officers can properly document all aspects of their encounters with suspected drunk drivers. The use of body cameras and dashcams during DUI stops also protects both motorists and officers from any potential misconduct. In addition, this footage can be submitted as evidence in court proceedings should someone be charged with a DUI-related offense.

Have there been changes to DUI laws related to accidents causing injury or death in Indiana?

Yes, Indiana has recently passed a new law to increase the penalties for a DUI that results in an accident causing injury or death. Under this new law, a person convicted of a DUI resulting in an injury or fatality would face up to 8 years in prison and fines of up to $10,000.

Are there new policies or laws regarding DUI expungement or record sealing in Indiana?

Yes. In 2019, Indiana passed a new law (Senate Enrolled Act 198) that allows individuals to petition the court for an expungement of their DUI records in certain limited circumstances. Specifically, individuals can petition the court to have their DUI record expunged if they meet any of the following criteria:

1. The person was arrested for an OWI/DUI, but not charged with OWI/DUI or any other criminal offense.

2. The person was arrested for OWI/DUI and charged with a lesser offense (e.g., reckless driving), and the lesser offense was later dismissed.

3. The person was arrested for OWI/DUI, but the case was later dismissed or concluded with a non-conviction (e.g., deferred prosecution or pre-trial diversion).

4. The person was convicted of OWI/DUI and successfully completed a Operator License Suspension Order (OLSO) issued by the Bureau of Motor Vehicles after at least five years since the date of conviction.

5. The person was convicted of OWI/DUI, and at least five years have passed since the date of conviction and there has been no other alcohol-related driving offense (e.g., OWI, reckless driving, public intoxication) during that five-year period.

If an individual meets any of these criteria, they can file a petition for expungement of their DUI record with the court that entered the conviction or the court in which the arrest occurred.

Have recent legal changes affected DUI insurance rates in Indiana?

Recent legal changes have not affected DUI insurance rates in Indiana. However, the new law requires that anyone convicted of a DUI must carry a high-risk auto insurance policy, which typically has higher rates than standard policies. Additionally, the Indiana Department of Insurance has released a new set of regulations related to DUI insurance rates which are intended to ensure that rates are not unfairly discriminatory and that all drivers are charged a fair rate for their coverage.

What changes have been made to DUI/DWI court processes and procedures in Indiana?

In Indiana, changes to DUI/DWI court processes and procedures include the formation of a pilot program that uses a risk assessment approach to determine the offender’s risk level and treatment needs. This approach focuses on the best possible outcomes for each individual defendant. In addition, Indiana has developed an electronic monitoring system to monitor offenders’ compliance with court orders, including alcohol-monitoring devices and sobriety tests. Furthermore, probation officers are required to use evidence-based decision-making when recommending a sentence. Finally, the state has implemented an integrated approach to address DUI/DWI offenses, including both legal and clinical interventions.

Are there additional resources or diversion programs for individuals with substance abuse issues in Indiana?

Yes. Indiana has a variety of resources and diversion programs available for individuals with substance abuse issues. Indiana has a number of treatment centers and sober living facilities that specialize in substance abuse and addiction treatment. There are also many court-mandated diversion programs, such as drug court, that aim to help individuals with substance abuse issues avoid incarceration and receive appropriate treatment. Additionally, there are numerous community-based organizations that provide support services for individuals struggling with addiction.

What is the process for staying informed about ongoing and future changes in DUI/DWI laws in Indiana?

Staying informed about DUI/DWI laws in Indiana can be done in a few different ways. First and foremost, staying up to date with the Indiana Code and any amendments that have been made to the statute is the best way to ensure that you are in compliance with the law. You can find this information at the Legal Information Institute website. Additionally, it is important to review any relevant case law interpretation of the statute and its application by courts in Indiana. This information can be found online as well. Finally, it is also a good idea to follow any media outlets or organizations that are dedicated to reporting on changes in DUI/DWI laws in Indiana such as the Indiana Department of Motor Vehicles (DMV) website or the media outlets for each county or municipality in Indiana.