How Does Indiana Law Classify Drunk Driving Offenses?

Drunk driving is an American epidemic. According to a 2009 National Highway Traffic Safety Administration report, approximately 11,773 people died in 2008 from drunk driving. In our state, 250 people died in alcohol-related fatalities in 2008.

Indiana's "driving under the influence," or "DUI" law stipulates that anyone who drives with a blood alcohol concentration of 0.10 percent or above can be convicted of a Class C misdemeanor. If you have a blood alcohol count of higher than 0.15 percent, you can be convicted of a Class A misdemeanor. Multiple convictions within five years lead to a Class D felony.

Types of Indiana Drunk Driving Offenses

The first kind of offense, known as a DUI, is based upon an officer’s assessment of a driver’s condition or behavior. For instance, if a driver fails a roadside sobriety test, he may be deemed DUI.

The second kind of statutory violation is known as “illegal per se," meaning that anyone who drives a motor vehicle with a blood alcohol concentration of 0.08 percent or greater can be arrested and convicted for DUI, despite the fact the state statutes sets the limit as 0.10 percent.

Drunk drivers—as well as anyone who served drivers alcohol, such as a liquor store, bar, restaurant, or even a private host—can be held liable for property damage and injuries. This falls under Indiana's dram shop statute of liability

Building a Case Against a Drunk Driver

Suing a drunk driver and/or the host or establishment that provided the driver with alcohol can be a legally-complicated task. For a free consultation about the compensation potential for your injuries, call toll-free 1-800-278-9200 to discuss your case with Randy Sevenish.

Attorney Sevenish was a police officer prior to becoming a lawyer, and he has more than three decades of experience in the field. Read more about our firm here on our Indiana personal injury website.