What is a Per Se DUI in Indiana?

Being charged with driving under the influence can have a major impact on your day-to-day life. Not only can you face time behind bars and fines, but you could also lose your license. Under Indiana’s per se DUI laws, you may struggle to prove your innocence. Learn more about these laws and how an Indianapolis DUI attorney can help you protect your future.

What Are Per Se DUI Guidelines in Indiana?

The per se DUI law means that when a driver’s Blood Alcohol Concentration (BAC) reaches a certain level, an officer does not need another reason to arrest them for a DUI in Indiana.

So a driver does not need to show signs of impairment typically associated with operating a vehicle while impaired. If your BAC level is over the legal limit, that is all that police need to arrest you.

Indiana’s BAC Thresholds Are Different for Different Categories

To be considered operating a vehicle with an illegal BAC, otherwise known as OWI per se or DUI per se, there are different considerations based on license type and the driver’s age.

• Non-Commercial Drivers, 21 and Older: If you are a non-commercial driver and your BAC is 0.08% or higher, you are legally considered intoxicated.
• Commercial Drivers, 21 and Older: Drivers with CDLs face enhanced scrutiny, which lowers the legal BAC limit. Any commercial driver with a BAC over 0.04% can be charged with an OWI per se.
• Drivers Under 21: Indiana has a zero-tolerance policy for drivers under the legal drinking age limit. Anyone under 21 can be charged with a DUI per se if their BAC is 0.02% or more.
• Drugged Drivers: Indiana has strict laws regarding operating vehicles and using controlled substances at the same time. These substances are defined under IC 35-48-2, and a driver could be charged with an OWI per se.

What Are the Penalties for a DUI Per Se in Indiana?

Indiana does not take DUIs lightly. If you have been arrested for a DUI, you may face strict penalties upon conviction. The severity of the penalties will depend on your BAC level and previous criminal record.

• First-Time DUI Offense – If you are convicted of a first-time DUI offense, you may spend up to one year in jail, pay $500 to $5,000 worth of fines, and get your driver’s license suspended for up to one year.
• Second-Time DUI Offense – A second-time offense DUI may leave you with up to two and a half years of jail time, up to $10,000 in fines, and a driver’s license suspension of up to two and a half years.
• Third-Time DUI Offense – If you are convicted of being a third-time DUI offender, you will be ordered to spend 10 days to two and a half years in jail as well as an additional eight years if a habitual substance offender enhancement is found. In addition, you’ll face steep fines of up to $10,000 and can get your driver’s license suspended for up to 10 years.
• Drugged Drivers – If you are convicted of drugged driving, you will often face more severe penalties than alcohol-related DUIs. Drivers face an automatic 180-day license suspension, longer suspensions for refusing chemical tests, and criminal penalties that include jail time and fines up to $10,000, even if impairment is not proven.

Per se DUI convictions could also result in increased car insurance premiums, required alcohol or substance abuse education, court costs, reinstatement fees, administrative fees, and the costs of installing and maintaining an ignition interlock device.

Can I Fight Per Se DUI Charges?

Defending against a per se DUI conviction in Indiana can be challenging, but it is not impossible. While the law focuses on blood alcohol concentration (BAC) levels alone, there are several strategies that an experienced DUI attorney can use to build a strong defense:

You Can Challenge the BAC Test Accuracy:

The accuracy of BAC tests depends on properly calibrated and maintained equipment. If the breathalyzer or other testing devices were not calibrated correctly, the results could be inaccurate.

You Can Question the Testing Procedures:

Law enforcement officers must follow strict procedures when administering BAC tests. If protocols were violated—such as failing to observe the driver for a required period before testing—the results may be inadmissible in court.

Your Attorney Can Dispute the Timing of BAC:

BAC levels can change over time, especially if there was a delay between when the person was driving and when the test was administered. A lawyer may argue that your BAC rose after you stopped driving, not while you were operating the vehicle.

Some Medical or Physiological Defenses Apply:

Certain medical conditions, like acid reflux or diabetes, can cause falsely elevated BAC readings. Similarly, diets or medications may affect the results.

Your Attorney Can Argue Police Lacked Probable Cause for the Stop:

Even in per se cases, police must have had a valid reason to stop your vehicle. If your rights were violated during the stop or arrest, the evidence obtained may be suppressed.

There Might Be Alternative Explanations for Behavior:

If your behavior during the traffic stop was used as additional evidence of impairment, your attorney might provide alternative explanations, such as fatigue, illness, or anxiety.

Why Should I Hire a Per Se DUI Defense Attorney?

Working with a skilled Indianapolis DUI attorney can make a significant difference in your case. You are innocent until proven guilty, and hiring an Indianapolis OWI lawyer can significantly improve your chances of getting your charges dropped or reduced.

Your attorney can use their knowledge of Indiana’s DUI laws to help approach your case and fight against your charges. Their experience in DUI cases grants them unique insight when finding resources and negotiating with prosecutors.

Your lawyer will carefully examine the evidence, identify weaknesses in the prosecution’s case, and develop a defense strategy aimed at reducing or dismissing the charges.

Contact an Indianapolis DUI Lawyer at Hessler Law

A DUI conviction can take a toll on your life. Not only are there immediate consequences, but you could struggle to recover your license and other freedoms if you are convicted. If you have been arrested, you need to contact an experienced Indianapolis criminal defense lawyer at Hessler Law at (317) 886-8800.

Challenging per se DUI charges can be difficult, but our firm is ready to hear your case and find a way to fight them. Call us or fill out our online form to schedule your free consultation.