There were 210 car accident related fatalities in 2009 in Indiana where the driver had a blood alcohol concentration (BAC) of .08 or higher. In those cases, the driver would have been charged with driving under the influence (DUI). If the driver had a BAC of .15 or higher, they would have also been charged with a DUI, but received higher penalties.
A first DUI offense in Indiana for a driver that has a BAC between .08 and .14 is a class C misdemeanor, and carries a maximum prison sentence of 60 days. The driver may also be fined up to $500. If the drivers BAC is above .15, the maximum jail term is 1 year, and they may be fined up to $5,000. In both cases, the drivers license will be suspended for up to 2 years, and they will have to pay at least $300 in court fees. Other possible penalties include required community service, substance abuse education programs, and having an ignition interlock device installed in the drivers vehicle.
A second DUI within 5 years of the first is a class D felony in Indiana. This means the driver faces between 6 months and 3 years in jail. The mandatory minimum punishment is 5 days in jail and 180 hours of community service. Fines may reach a maximum of $10,000. The driver will also have to undergo a drug and alcohol assessment, and depending on the outcome, they may have to attend treatment.
In the drivers BAC is over .08, it is a class D felony in Indiana to be travelling with a passenger under the age of 18. This felony carries a jail term that lasts between 6 months and 3 years. The driver will also have to pay a maximum fine of $10,000.
DUI / DWI facts and statistics in Indiana
- In 2017, 20 out of the 220 driving fatalities due to DUI / DWI were driven by drivers under the age of 21
- In the same year, 60 out of the 13,263 offenders caught for DUI / DWI were under the age of 18
- In 2018, 28 out of the 227 driving fatalities due to DUI / DWI were driven by drivers under the age of 21
- In the same year, 36 out of the 11,890 offenders caught for DUI / DWI were under the age of 18
source: responsibility.org, fbi.gov
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