if I just recieved my first DWI, what are my options for dealing with the consequences without my having to serve jail time?

UPDATED: Nov 20, 2013

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if I just recieved my first DWI, what are my options for dealing with the consequences without my having to serve jail time?

Asked on November 20, 2013 under Criminal Law, Indiana


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The penalties for a first DUI in Indiana vary depending on whether you were underage, whether your blood alcohol content was .08 to .14% or .15% or higher.

Penalties are as follows for first DUI: fine up to $5000 and up to one year in jail; if underage DUI above .08%, imprisonment up to 60 days, fine up to $500, license suspension 90 days to two years.  If you submitted to a chemical test and failed, you will be eligible for a hardship license after the first 30 days of license suspension.  A hardship license allows you to drive to and from work or school and to and from a court-ordered program.  If granted a hardship license, required to file proof of financial responsibility SR22 with Indiana BMV and pay a reinstatement fine of $130.

If your blood alcohol content was .08 to .14%, minimum sentence is five days in jail or a minimum of 180 hours of community service in lieu of jail.  If your blood alcohol content was .15% or greater, maximum jail sentence is one year and up to $5000 in fines. 

If there were one or more passengers in your vehicle under the age of 18, this is a Class D felony with a minimum jail sentence of 10 days or 360 hours community service.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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