One number that is a very impactful one in Indiana DUI cases is what blood alcohol concentration (BAC) level a driver tested at. BAC levels play an important role in the state's OWI laws.
There are certain numbers that have particular significance when it comes to BAC here in Indiana. These numbers include:
- 0.08 percent: This is the legal limit for drivers in the state. So, being accused of having a BAC of 0.08 or higher can subject a person to drunk driving charges.
- 0.15 percent: Reaching this threshold can trigger upped penalties for drivers. A standard first offense of DUI is a Class C misdemeanor. However, a first offense of DUI where the driver's BAC was at or exceeded 0.15 jumps to being a Class A misdemeanor. Class A has a higher maximum fine and maximum incarceration time than Class C.
- 0.04 percent: This is the legal limit for driving a commercial vehicle in the state. So, commercial vehicles drivers can face penalties if they are found to have violated this limit.
- 0.02 percent: This number has relevance for drivers under 21. Under the state's "zero tolerance law," such drivers have a different legal limit than the rest of the population. That limit is 0.02. So, drivers under 21 can face a special type of charge if they test below 0.08, but at or above 0.02.
So, among the major issues in DUI cases is what evidence is presented regarding where a suspect's BAC stood in comparison to these key thresholds.
Skilled defense attorneys can provide drunk driving suspects in Indiana with explanations on what the accusations and evidence that authorities have put forward regarding things like what their BAC was when they were at the wheel mean for what particular potential consequences they are facing. Such lawyers can also help suspects look for potential grounds to challenge the admissibility or accuracy of BAC evidence brought forward in their case.
Source: FindLaw, "What Are the Indiana OWI Laws?," Accessed Aug. 29, 2017