DUI FAQ

The Edward McGlone Law Firm in Terre Haute represents individuals who have been charged with DUI or drunk driving, also sometimes referred to as DWI.  We provide these frequently asked questions as a resource to our clients and others seeking information about what to do about an arrest for DUI in Indiana.

My license was taken away when I was arrested for drunk driving.  Can I still drive to work? 
Under Indiana law, a person whose license was suspended may be able to petition for a restricted driver's license (also known as a "hardship license") under some circumstances.  The hardship license allows the person to drive to and from work in order to avoid placing an undue hardship or burden on his family or dependents.

What happens if I refused to take the breath test?
Due to Indiana's implied consent law, if you refuse to take a certified breath test, your driver's license will be automatically suspended for one year.

What if I'm arrested for DUI but I already have one or more prior DUIs?
In Indiana, penalties for a second DUI offense may include: a prison sentence of between five days and three years, community service, up to a $10,000 fine, license suspension, probation, and substance abuse education. 

Conviction for a third DUI offense may carry the following penalties: prison sentence of between ten days and three years, community service, up to a $10,000 fine, license suspension for up to ten years, classification as a habitual traffic offender and habitual substance offender, probation, and substance abuse education.  Classification as a habitual traffic offender makes it a felony to drive at all.  Classification as a habitual substance offender allows for additional prison sentencing of anywhere from one to eight years.

What happens if I hurt someone when I was drunk driving?
Indiana state law makes it a Class D Felony to cause serious bodily injury to someone while driving under the influence of alcohol or drugs.  If there has been a previous conviction for DUI within the past five years, it is a Class C Felony, which is punishable by up to eight years in prison and a fine of up to $10,000.  It is also a Class C Felony if someone is killed as a result of DUI. 

What happens if I was arrested for drunk driving and I'm a minor?
Using a fake ID or lying about your age may result in a fine of up to $500 and license suspension for up to one year.  Possessing, consuming, or transporting alcohol on a public highway is a Class C Misdemeanor, unless you are riding with a parent.  You can have your license suspended if you are driving while possessing, consuming, or transporting alcohol on a public highway.

In Indiana, if you are under 21 and you drive with a BAC between 0.2-0.8, you may be fined up to $500 and have your license suspended for up to one year.

Additionally, if you are a minor and you were arrested for drunk driving, your school may choose to suspend or expel you. 

Experienced DUI Representation

A DUI lawyer can engage many legal tactics to improve your chances of success and mitigate your potential penalties.  If you were arrested for DUI or DWI in Bloomfield, Danville, Newport, Terre Haute, or anywhere in Indiana, we can help you understand your options, protect your rights, and fight your case.  For a free consultation, contact The Edward McGlone Law Office today, or call us at (812) 645-0809.