Information on Having to Install an Ignition Interlock Device in the Hoosier State of IN
Indianapolis, Bloomington, Evansville, Fort Wayne, South Bend, and all other cities in Indiana have the same DUI & OWI laws for the Ignition Interlock requirement when governing drinking and driving. Any driver found to be operating a vehicle with a Blood Alcohol Concentration (BAC) of 0.08 percent or more will be arrested and charged with Driving Under the Influence (DUI) or operating a vehicle while under the influence (OWI). Being charged and convicted of DUI in the state of Indiana carries a number of different consequences including serving time in jail, having to pay fines, dealing with a license suspension, and possibly having to use an Ignition Interlock Device (IID) in any car a convicted person drives. Having a BAC of 0.08 percent is the standard for being charged with drinking and driving related crimes in Indiana, and all 50 states. This is due to government research that determined the effects of alcohol on an individual’s ability to drive. These studies showed that most individuals’ ability to drive is impaired when they have a BAC of 0.05 percent, and all individuals are impaired to drive with a BAC of 0.08 percent. Due to the serious consequences and costs of even a first time DUI or OWI charge in Indiana, it is essential for a driver who was arrested to explore every possibility available for potential ways of how to avoid an Ignition Interlock device requirement, as well as additional options for how to keep a driver’s license from getting suspended in the state of Indiana.
What Are the OWI Interlock Penalties for Driving Under the Influence in Indiana?
Being charged and convicted of first DUI offense or Operating a Vehicle While Intoxicated (OWI) in the state of Indiana carries a number of different penalties, which new laws also require a driver to get an Ignition Interlock device installed on any car a person drives. These variety of penalties and consequences is meant to discourage offenders from repeating the behavior in the future. Some of the penalties for first time DUI/OWI offenders in the state of Indiana include:
- Serving a Jail Sentence Between 60 Days and One Year
- Paying Monetary Fines Between $500 and $5,000
- Having an Ignition Interlock Installed on any Vehicle Driven, Which Will Include any Company Car
- Having a OWI Driver’s License Suspension of Up to Two Years
Additionally, 2nd offense repeat DUI/OWI offenders in Indiana will face the same types of penalties though they are often more severe. Second time offenders are those with a previous DUI or OWI conviction within the last five years. Second time offenders of these drinking and driving related crimes in Indiana face the following penalties:
- Serving a Jail Sentence Between Five Days and Three Years
- Paying Monetary Fines of $10,000
- A Longer Length of Time For Having to Use the Ignition Interlock Device
- Having a Driver’s License Suspension for a Minimum of 180 Days up to Two Years
Third time offenders, or those with two previous DUI/OWI related charges in the last five years, face the harshest penalties in Indiana. The penalties these offenders face include:
- Serving a Jail Sentence Between 10 Days and Three Years
- Paying Monetary Fines of Up to $10,000
- Having a IN Driver’s License Suspension for a Minimum of One Year and Up to 10 Years
- Requirement of Having to Install and Pay for the Cost of Using a DUI/OWI Ignition Interlock Device For Several Years
Does Indiana Enforce an Implied Consent Law for OWI & DUI Arrest Charges?
The state of Indiana, like most other states in the country, enforces an “implied consent law” for drivers arrested for DUI and OWI related charges. Under this law, those who are issued a driver’s license in the state of Indiana automatically consent to having chemical testing done to prove their blood alcohol limit (BAC). Should they refuse to take the Breathalyzer, blood test, or urine test conducted to determine their BAC, they are subject to an automatic fine, installing an Ignition Interlock, as well as an automatic driver’s license suspension. These penalties will be separate from the DUI/OWI criminal charge part of the case in court.
When IN DUI offenders are arrested and refuse to take the chemical tests, the arresting police officer notifies them if they refuse further they are subject to an automatic license suspension. First time DUI/OWI offenders in the state of Indiana who refuse testing have to pay a fine and also serve a one year license suspension. Second and third time offenders of DUI/OWI who refuse testing also have to pay a fine and have their driver’s license suspended for a period of two years, and will be required to get an Ignition Interlock device installed in order to legally drive.
What is an Ignition Interlock Device in Indiana and How Does it Work?
In some IN DUI/OWI cases, it may be required for offenders to have to install and use an IID as a condition of having their driver’s license reinstated. This interlock device is used in the OWI offender’s vehicle or any vehicle he or she drives and links Breathalyzer technology with the car’s ignition system. The Ignition Interlock device is most often mounted on the vehicle’s dashboard, and when offenders wish to drive the vehicle, they have to blow into the car Breathalyzer device to have their BAC percentage analyzed by the machine.
How the Indiana IID works, which is also called a Breath Alcohol Ignition Interlock Device (BAIID), it analyzes a DUI offender’s blood alcohol content in the same manner as a standard Breathalyzer test. Should the DUI/OWI offender have a BAC below the predetermined level – which is usually 0.04 percent – they are able to start and operate the vehicle as normal. However, should the offender’s BAC be above the predetermined level, the vehicle is not able to start. In some cases, a high reading is also reported to the proper Indiana authorities, such as a probation officer or court.
When is Using an Ignition Interlock Device Required in the State of Indiana?
Laws in the state of Indiana have authorized using an Ignition Interlock for certain convicted offenders of DUI, OWI, and other alcohol related driving offenses. Judges in this state can authorize the installation and maintenance of an IID as a condition of reinstatement of an offender’s driver’s license when:
- The offender is obtaining a probationary driver’s license, and the use period does not exceed the maximum assigned prison sentence
- The offender was convicted of DUI/OWI within five years of a previous DUI/OWI conviction
Who is Responsible for Paying for the Cost of an IN Ignition Interlock Device?
In almost all OWI & DUI cases in Indiana where offenders are required to use an Ignition Interlock, the offenders are responsible for paying all expenses associated with use of the car Breathalyzer device. This often includes paying for the installation, maintenance, service, and removal of the device when the period of use has ended. Some interlock costs offenders are responsible for paying include around $100 for installation (although some providers offer free installation) and between $70 and $130 a month in lease payments. It is important to note these prices vary between IID providers.
What is the Process of Obtaining and Installing an Ignition Interlock Device in Indiana?
When Indiana DUI/OWI offenders are ordered to use an IID in order to drive legally in the state, they are often given a window of time in which they need to have the Ignition Interlock device installed in their vehicle and possibly any other vehicles registered in their name. Convicted DUI and OWI offenders in Indiana will need to obtain the interlock device and have it installed by a state approved provider – these providers can be found across the state, and a list of approved Ignition Interlock providers can also be found on the Indiana DMV website.
DUI offenders in Indiana will need to contact an approved provider, lease the Ignition Interlock, and have the device professionally installed. Once this has occurred, it may also be required for offenders to provide proof to the court or a probation officer that the process has been completed. Often times, they need to provide a copy of the IID lease agreement as well as a copy of the installation receipt. When an Indiana Ignition Interlock lawyer reviews a person’s own OWI arrest details online with us, the local IN DUI/OWI attorney examining the arrest information will be able to answer all questions about what possible ways are available for how to avoid having to get an Ignition Interlock device installed in:
[column col=”1/4″]Adams County
St Joseph County
[column col=”1/4″]Gas City
Lakes of the Four Seasons
[column col=”1/4″]New Castle
North Terre Haute