Indiana DUI

Fair DUI Flyer-Indiana-front

The Indiana statute requires drivers to “provide” either their identifying information (name, address and date of birth) or their drivers license. Since the word provide is used with mere information (i.e. telling the officer), showing your license should be sufficient under state law.

The statutes do require people to sign when you’re charged with a misdemeanor, but that does not apply to most traffic tickets. We have seen versions of tickets where there is no spot for the driver to sign, but also others where there is a spot. If the officer insists that you sign, make sure that you’ve recorded this on audio and/or video, and that you only roll down the window if ordered to do so. See our video at bottom about the difference between an order and a request.

Fair DUI Flyer-Indiana-back

Fair DUI Flyer-Indiana – PDF

24 replies on “Indiana DUI”

  1. In My State, INDIANA, if you are a Conceal Carry Permittee, your are required to show the Pink Form (old) or Card (new) no matter what. If you are required to exit the vehicle and you haven’t displayed the Permit, you will “Reap the Wrath” of one Pissed Off LE Officer and most likely have another charge added or be detained while a complete Safety Check is performed on your Vehicle and you get to walk the White Line, Recite your ABC’s while skipping every third letter and the Hand/Eye Coordination Test. If you refuse the test, you get to lose your Driving “Privileges” for a year.

  2. This is incorrect. There is no penalty for refusing the field sobriety test. The one you can’t refuse is the chemical test.

  3. Completely false. You are not required to inform law enforcement that you are carrying a firearm in the state of Indiana. We don’t even have “permitees” or concealed carry permits here. We have a License to Carry a Handgun or LTCH for short. You are not even required to carry the license on your person anymore. Please review the Indiana Code and get back with us when you know what you are talking about.

  4. When did the law change concerning the issue of NOT having to have your Handgun Permit on your person?? I was unaware of this..

  5. I was stopped at a DUI checkpoint on ST RD 15 in Warsaw, IN back around Memorial Day weekend.. I was carrying my CC, and I informed the detaining officer I was carrying and where the weapon was.. I just wanted to up front and see how it all went down since I knew I was 100% legit. All went well, they did remove me, disarm me, took my license, permit, and handgun and went over and ran everything through the State database. After a few minutes and all my info checking out, I was handed back my handgun and permit and was told thank you very much for being upfront and cooperative and I was sent on my way.. No problems.. No issues.

  6. You are not required to take any test. You can refuse the chemical test. You are protected by the 5th amendment of the constitution, to not be required to act as a witness against yourself.

  7. And no rights. They did what they wanted until they were satisfied they couldn’t arrest you for something. By complying with requests, you let them seize you and your weapons and search your property. You may as well tear that page with the 4th amendment, right out of any copy of the constitution you may have.

  8. Your Indiana flyer is incorrect.
    A person in Indiana is ONLY required to show their information if they have been stopped for an infraction or ordinance violation. That does not include a DUI checkpoint, where you have violated nothing: –

    Indiana Code: 34-28-5-3.5
    5. A person who knowingly or intentionally refuses to provide either the person’s:
    (1) name, address, and date of birth; or
    (2) driver’s license, if in the person’s possession;
    to a law enforcement officer who has stopped the person for an infraction or ordinance violation commits a Class C misdemeanor.

  9. It has been a few years now. The law was changed from stating that the individual needs to have a license in his or her possession, to the individual shall be licensed. The burden of proof is still on the individual. Meaning, if you don’t have your license, the officer will need your name and date of birth, or your drivers license, or your LTCH license number, if you have it memorized.

    All really irrelevant, as there is absolutely no reason to volunteer information about weapons in the vehicle in Indiana. You should not go through a sobriety checkpoint at all, they are clearly marked allowing you time to turn around or take a side street to avoid them. Checkpoints only catch the stupid out of their mind drinks. It is not even ilegal to lie. “do you have weapons in the vehicle” … Nope. If you are told to exit, lock the car on your way out.

  10. I don’t get why they had to disarm you. When you specifically told them you had a gun and permit. Why not just take the permit run that and let you keep your firearm. I think its because they don’t like being on equal footing. Could you take their gun while you made sure they were a actual cops, heck no. They should have no reason to confiscate your gun. Even for a few minute’s. To me that didn’t sound like it went well. They have no right to take your fitearm. If you volenteer that. Then thats up to you.

  11. Why would you willingly hand over your firearm to let them ‘just check it out’? You are not required to do so in Indiana unless the officer can clearly state that he/she has REASONABLE SUSPICION to believe the firearm was used, or is going to be used in the committing of a felony. Otherwise, to do so is illegal!
    That was an illegal search and seizure of your weapon, and you should have taken them to court to get it back. Once they ‘remove’ your weapon under these set of circumstances, then you can sue them, take them to court, and force them to give your weapon back….and a pile of cash for violating your constitutional rights.
    By allowing them to do what they did, they will continue to violate others rights in the same way they did yours! Just remember that friendly officers are simply lulling you into voluntarily giving up your rights so they can potentially generate more revenue. Just say ‘NO’!

  12. IC 34-28-5-3.5
    states that one is required to provide ID if the police “…stopped the person for an infraction or ordinance violation” A DUI checkpoint is more of a causal conversation as the police have pulled you over without your violating the law.
    You are not required to provide ID.

  13. Not true Indiana has no law requireing a person to tell the officer he is armed or provide a permit with out being asked to show it .

  14. There is no such thing as a “Conceal Carry Permitte” in Indiana. Indiana shall issue a License to Carry Handgun (LTCH). The LTCH allows us to open carry or conceal carry. You only need to present the LTCH IF you are carrying at the time you are pulled over. I hand it to the officer on top of my license s there is NO confusion that I am carrying.

  15. Driving is not a privilege it is a permitted activity for the purposes of Commerce. The average person operating his personal motor vehicle as a personal means of conveyance from place to place is a traveler. Traveling is a constitutionally protected activity and is not subject to a permit. Constitutional rights do not have to be permitted!

  16. Completely false
    You are not required to show either pink or card
    And is not illegal do not offer it up….

  17. you realize what they did was completely illegal don’t you? you are NOT required to give up your firearm unless the LEO has RAS that the weapon was, is or shall be used in a criminal felony. just as YOU are not required to produce ID for the same reasons, even though Indiana is a ‘stop and identify’ state. they STILL need probable cause to ask for ID. STOP GIVING YOUR RIGHTS AWAY!!

  18. The gestapo here in Wabash (city or county) dont give a shit about rights and even less about the law! Same with Peru and Fort Wayne. Worst of the worst!

  19. This is why I love seeing online lawyers who think they know the law.
    Indiana Code Title 9. Motor Vehicles § 9-30-7-5. A person who refuses to submit to a portable breath test or chemical test offered under this chapter commits a Class C infraction.

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