A DUI in Indianapolis often brings more than a fine. That conviction can stay on your record for longer than you may think, unless you secure an expungement.
So, exactly how long does a DUI stay on your record in Indianapolis? Take a closer look at how Indiana handles DUI entries, what it takes to erase or seal them, and the steps you can take to lessen their hold on your future.
Understanding DUI Convictions and Records
In Indiana, you’ll often see DUI cases listed under the formal label Operating While Intoxicated (OWI) or Operating a Vehicle While Intoxicated (OVWI) on your record. The state sets these strict limits:
- For anyone 21 or older, hitting 0.08% blood alcohol means you’re over the line
- Commercial drivers face a 0.04% threshold
- Under age 21, you can’t reach even 0.02% without risking charges
First offenses with a BAC between 0.08 and 0.15% can land you in Class C misdemeanor territory. Cross 0.15%, and the state typically bumps you to a Class A misdemeanor.
Driving impaired by Schedule I or II drugs also carries a Class C misdemeanor, unless you hold a valid prescription. Add factors like having past OWI convictions, causing injuries, or carrying minors, and the state can elevate charges into felony counts.
Note that your conviction can show up in multiple systems. The Indiana State Police typically logs it in your criminal history file, which is the central repository for criminal records. Separately, the Bureau of Motor Vehicles normally also records the offense on your driving report.
Both sets of notes can appear in court filings, background checks, or online databases that employers, landlords, and licensing boards run. Each system keeps its own clock on how long DUI entries last, as well as whether you can clear them.
How Long a DUI Stays on Your Criminal Record in Indiana
So, how many years does a DUI stay on your record in the state? Without a court order, your OWI can stay in Indiana’s criminal files permanently. Unlike some states that let old convictions drop off after a set span, there’s no automatic purge in Indiana. Anyone running a background check, like employers, landlords, or licensing boards, can usually see that DUI unless you take steps to seal it.
You can ask a judge to expunge your record, but the timing depends on the level. Even without expungement, Indiana limits how far back it looks when boosting penalties for repeat DUIs.
Under state law, a prior OWI counts toward enhancing a new charge only if it happened within the past twelve years. If your old DUI falls outside that window, it won’t drive up the penalties on a fresh offense.
DUI Expungement in Indiana
Understanding the question, “How long does a DUI stay on your record?” is only the beginning. It’s also important to know the basics of how the expungement process works.
When you win an expungement, you can legally say you’ve never been arrested or convicted of that OWI. Indiana’s Second Chance law lets certain misdemeanors and non‑violent felonies, including many DUI convictions, be sealed from public view after you meet the waiting period.
To start this process, make sure you qualify first. You need to complete every term of your sentence, pay all fines and fees, and stay out of trouble for the required span. Once that clock has run, you can file a petition in the court where your case was heard or in the exact county where your conviction occurred.
Your expungement petition must list the date and court of conviction, confirm you’ve met all discharge conditions, and show no new charges are pending. Keep in mind, though, that law enforcement and licensing agencies can still pull sealed records for official use, and internal notes may linger. But for most employers, landlords, and schools, an expunged DUI often disappears from plain sight, giving you a fresh start.
Eligibility for DUI Expungement
If you’re wondering, “Does a DUI go away through expungement?” the answer generally depends on these key factors:
- Timing
- Court rules
- Your behavior afterward
First, if you faced OWI charges but were not convicted, you can petition for expungement one year after the arrest date. If you picked up a Class C misdemeanor DUI, you must wait five years from the conviction date before you file. A Level 6 felony OWI carries an eight‑year wait.
More serious felony DUIs don’t typically qualify until at least ten years after conviction or five years after you finish your sentence, whichever comes later. Even then, the prosecutor must consent before a judge can sign off.
You also need to complete every term of your sentence, like probation, counseling, fines, or restitution, and stay free of any new charges before filing. Your petition must be verified, name the original case and conviction date, affirm you’ve met all requirements, and confirm no criminal charges are pending.
When you sit before a judge, you can bolster your petition with proof of rehabilitation. That might include pay stubs showing steady work, letters from community programs you completed, or any records that demonstrate you’ve kept a clean record since your OWI. These extras aren’t mandatory, but they can help show why your DUI deserves a fresh start.
How Long Does a DUI Affect Your Driving Record and Insurance
Many drivers wonder, “How long does a DUI stay on my record when it comes to points and insurance?” Points from a past DUI offense can stay on your driving record for two years. However, the conviction itself can remain a ten‑year flag under Indiana’s Habitual Traffic Violator rules, so any repeat run‑ins in that decade may trigger tougher penalties.
Also, your insurance rates can jump by roughly $470 more each year on average. A typical driver pays around $1,057 annually. After one DUI, you could be shelling out close to $1,500.
But how long does a DUI affect your insurance in this way? Those higher premiums tend to stick around for three to five years, though some companies keep you in their high‑risk pool even longer.
On top of that, you’ll need SR‑22 coverage. Indiana law generally requires you to hold that filing for at least 180 days, and in some cases, up to three years.
Even once you clear those hurdles, insurers often pull your motor‑vehicle report going back many years. In practice, that can mean a single mistake can remain in your records and rates long after you’ve paid fines and regained your license.
Consequences of a DUI Staying on Your Record
A DUI staying on your record can have adverse effects, and you’ll often feel that DUI long after leaving the courtroom. At work, your record can close doors. Many companies run background checks, and a DUI can flag you as a risk, especially if the job involves driving. Even roles in healthcare, education, or government often bar applicants with impaired‑driving convictions.
Finding a place to live can get tougher, too. Some landlords pull criminal histories, and others reject anyone with a DUI on file. That can leave you scrambling for fewer units or paying bigger deposits just to get a lease signed.
Then, there’s the personal side. A DUI can change how friends, family, and colleagues see you. You might lose trust or respect in social circles, or even in your own mind. That stigma can hang over you long after fines are paid and conditions met.
How a Criminal Defense Lawyer Can Help With a DUI Record
If you’re staring down DUI charges, you need someone on your side who knows how to fight the evidence. A skilled DUI lawyer can evaluate the police report, test protocols, and your arrest paperwork. They can look for flaws in breath‑ or blood‑test handling, errors in procedure, or rights violations. Spotting one weak link can lead to dropped or reduced charges.
They can also guide you through expungement. They’ll confirm you’ve finished every part of your sentence, like probation, fines, and treatment, and then build a precise petition.
Experienced expungement attorneys often know what supporting documentation can strengthen your petition and how to present your case more persuasively to the court.
Get the Help You Need Early
Time is only on your side if you act fast. If you were arrested for OWI or are ready to ask a court to seal your record, talking with a DUI lawyer early can open up more paths forward.
At Gemma & Karimi, we bring 25 years of combined experience from former prosecutors to your defense. We serve clients across North and Southwest Indianapolis and keep you in the loop at every step. Reach out today to explore your best options and protect your rights.
