Whether you were passing through Indiana or are visiting from another state, out-of-state residents can be arrested for driving under the influence just like in-state drivers.
The laws regarding DUIs in your home state may be much different than Indiana, which is why we have outlined Indiana DUI laws below so you can better prepare yourself for what to expect if you are convicted of a DUI in Indiana as an out-of-state driver.
Indiana Is an Implied Consent State
Indiana is an implied consent state, which means means that when you get behind the wheel of a vehicle, it is implied that you have given consent for chemical blood alcohol concentration (BAC) testing and the use of a breathalyzer to determine your BAC levels.
This might not seem like a big deal to out-of-state drivers. After all, if you refuse to consent to the chemical tests, law enforcement can’t prove you were drunk, right? This is a common misconception about implied consent laws, and if you refuse to submit to chemical testing or a breathalyzer when requested by the officer arresting you, you could be facing an immediate one-year license suspension.
Penalties for a DUI in Indiana
It is important that you retain a qualified DUI lawyer if you are facing a drunk driving charge as an out-of-state driver, as the penalties for an OWI conviction in Indiana are severe.
Even first-time offenders can expect to have their license suspended for a minimum of six months; installation of an ignition interlock device in their vehicle, up to one year in jail, and fines up to $5,000. This is in addition to the completion of drug and alcohol rehabilitation programs and driver retraining classes. These consequences worsen with each DUI conviction and can also vary depending on your BAC levels at the time of the arrest.
Defending your case with the assistance of a lawyer can increase your chances of having your charges reduced or even dropped entirely. We have found success in working the prosecutor to sometimes reduce OWI charges to what’s called a “wet reckless” or reckless driving charge, which is a citation versus criminal matter.
Other potential defenses might include a lack of probable cause when you were pulled over by law enforcement, and questioning the validity of the chemical test results.
Get in Touch With an Indiana DUI Lawyer
If you are from out-of-state and are unsure how to deal with your DUI charge, an experienced Indiana DUI lawyer at Rowdy G. Williams Law Firm may be able to help clear your name. Reach out to our office to discuss the unqiue details of your case. You can call 1-812-232-7400 or complete the quick contact form included below to schedule your free, no-obligation consultation.