Are DUI checkpoints legal?

police car with lights on

The Dangers of the DUI

For the person that is going home from work or has just picked up a child from school, a DUI checkpoint is an appreciated safety check. For the party-going person, it is a dreaded and feared possibility in Indianapolis, Indiana that can often mean they’re faced with posting a DUI bail bond

Each state has a different limitation on what will get a person arrested for DUI, bail bond amounts vary, and the stipulation under which a judge will grant a DUI bail can vary. But when it comes to a person being arrested for DUI when under 21 years of age, most, if not all states are cracking down hard. 

So what is the law for those arrested for DUI when they are under the age of 21 years in Indiana? The State of Indiana refers to a DUI (driving under the influence) as OWI (operating while intoxicated), and with a select number of exceptions, the consumption, possession, or transportation of alcohol by any person under 21 years old is illegal. 

An OWI bail is a class C level and a person under 21 years of age, with a BAC between .02% and under .08%, will likely have a higher DUI bail amount. The results can be a maximum penalty of a $500 fine in addition to court costs.

How much is bail for a DUI for a person over 21 in Indiana? 

OWI laws in Indiana (otherwise referred to as DUI) prohibit all motorists to operate a vehicle with any of the following:

  • A BAC (blood alcohol concentration) over .08% or higher
  • Any level of a schedule I or II controlled substance found in their system
  • While intoxicated by alcohol or drugs

There is an extensive list of controlled substances considered a schedule I and schedule II classifications that is considered a DUI for drugs requirement with a hefty DUI bail amount that includes any of the following: 

  • Opiates
  • Hallucinogenic drugs
  • Marijuana
  • Cocaine
  • Methamphetamines

There is a zero-tolerance in the state of Indiana regarding any person under the age of 21 with a blood alcohol concentration level of .02% or more. The penalty for a DUI without a license could prevent a person from ever getting their driver’s license in Indiana, or most likely any state is just one way how a DUI affects your life in addition to having to post DUI bail. Five other possible ways that a DUI can and likely will significantly affect a person’s life, short and long term, include: 

  1. The Immediate Effects include the prospect of jail time if there has been a prior conviction, hefty fines, possible loss of driver’s license, and required to have an interlocking device on the vehicle to monitor any presence of alcohol in the system. 
  2. Employment and/or Education fallout, especially if current or future employment requires driving.  A job that requires driving, a DUI or DWI arrest, and posting a DUI bail is a serious issue in addition to getting to work and/or school can be affected. The reality is of a professional reputation is at risk, currently or in the future.  
  3. Civil Lawsuit is a possible consequence associated with a DUI or DWI arrest when posting DUI bail if there is any injury to another party while the arrested person was intoxicated in addition to the criminal charges. 
  4. Personal relationships are affected once DUI bail has been posted, the financial hardship this creates, along with the above-mentioned job loss, including family and friends. 
  5. Automobile insurance can be affected after posting DUI bail in the cost of the insurance, even possible cancellation of insurance. 

In Indiana, when is a DUI a felony?

With a first DUI arrest, a DUI bail is posted, and the first offense is a misdemeanor. A first DUI offense can turn into a felony if there is anyone seriously injured or killed if the arrested person was found to be driving under the influence. 

In Indiana, can a DUI be expunged?

In Indiana, the state only allows DUI expungement after completing a waiting period and meeting specific criteria. The waiting period is 5 years for a misdemeanor DUI charge and 8 year waiting period for a felony DUI charge. If during the waiting period a person is charged or convicted on additional charges, an expungement request may be denied. 

Will a DUI show on a background check in Indiana?

A DUI conviction will show in Indiana on a criminal background check unless the DUI has been expunged or sealed. Meaning a present or potential employer or landlord could find out on a common background check using the social security number. 

glass of alcohol next to car keys and handcuffs

In Closing

In Indiana, what is the distinction between DUI vs DWI? The state of Indiana uses OWI for Operating While Intoxicated a vehicle, which can include a boat, bicycle, or even a tricycle, while under the influence of drugs. A DUI is specific to alcohol. An OWI arrest in the state of Indiana is an umbrella covering the intoxication from alcohol to prescription drugs, including marijuana, narcotics, and pills. The “D” for driving, and the “O” for operating give law enforcement the right to arrest anyone sitting behind the wheel with the engine running without being in the act of driving.