In the state of Indiana, driving under the influence (DUI) or driving while intoxicated (DWI) is an offense that is punishable by law. Anyone operating a motor vehicle who has a Blood Alcohol Concentration (BAC) of 0.08% or higher is considered in violation of a DUI offense.
Indiana DUI – statute(s) IC 9-30-5-2.
Indiana DUI – standard
- “[A] person who operates a vehicle while intoxicated commits a Class C misdemeanor.” IC 9-30-5-2(a). “Intoxicated” means being “under the influence . . . so that there is an impaired condition of thought and action and the loss of normal control of a person’s faculties.” IC 9-13-2-86.
Indiana DUI – applicable substances
- Controlled substance or a drug other than alcohol or a controlled substance. IC 9-13-2-86. DUI – affirmative defense None. Per se – statute(s) IC 9-30-5-1.
Indiana Per se – standard
- “A person who operates a vehicle with a controlled substance listed in schedule I or II of IC 35-48-2 or its metabolite in the person’s body.” IC 9-30-5-1(c).
Indiana Per se – applicable substances
- Schedule I or II controlled substance or its metabolite.
Indiana Per se – affirmative defense
There is a defense if the driver “consumed the controlled substance under a valid prescription or order of a practitioner . . . who acted in the course of the practitioner’s professional practice.” IC 9-30-5-1(d).
Indiana Implied consent – applicable drivers
- Person who operates a vehicle in Indiana. IC 9-30-6-1.
- Person who operates a vehicle in Indiana that is involved in an accident that causes serious bodily injury or a fatality. IC 9-30-7-2.
Indiana Implied consent – tests authorized
- “Chemical test” means an analysis of a person’s blood, breath, urine, or other bodily substance. IC 9-13-2-22.
- LEO must have “probable cause to believe” that the driver has violated drugged driving laws and the test must be completed within three hours of LEO determination of probable cause. IC 9-30-6-2.
- If an LEO certifies in writing that: (1) the LEO has “probable cause to believe” the person violated IC 9-30-5; (2) the person has been involved in a motor vehicle accident that resulted in the serious bodily injury or death of another; and (3) the accident occurred not more than three (3) hours before the time the sample is requested, then the LEO may “use reasonable force to assist” the person taking the same if the driver does not consent and resists the taking of the sample. IC 9-30-6-6(g),(h).
Indiana Implied consent – basis for test
- LEO shall offer a portable breath test or chemical test to any driver who the LEO has “reason to believe” was operating a vehicle that was involved in a fatal accident or an accident causing serious bodily injury if: (1) breath test shows the presence of alcohol; (2) the breath test does not show presence of alcohol but LEO has “probably cause” to believe the driver is under the influence of a controlled substance or other drug; or (3) driver refuses breath test. IC 9-30-7-3.
Indiana Implied consent – evidence of refusal
- Evidence of refusal is admissible in any proceeding arising out of chapter IC-9-30-5. IC 9-30-6-3(b).
Indiana Implied consent – administrative / civil penalty for refusal
- Refusal: driving privileges suspended for one year.
- Refusal with at least one prior convictionà driving privileges suspended for two years. IC 9-30-6-9; IC 9-30-7-5. Implied consent – criminal penalty for refusal
- First refusal: Class C infraction; fine up to $500.
- Refusal with at least one prior conviction: Class A infraction; fine up to $10,000.
- The constitutionality of this, however, has been called into question by the U.S. Supreme Court’s decision in Birchfield v. North Dakota, 136 S.Ct. 2160 (2016), which holds that a state cannot place criminal penalty on a driver’s refusal to undergo a warrantless blood test to determine alcohol concentration. Conviction – administrative / civil penalty (license suspension, use of IID) If chemical test is failed: driving privileges suspended for at least 180 days. IC 9-30-6-9(c). Conviction – criminal penalties (jail sentence, fines, community service)
