OWI Laws in Indiana

Here's what you need to know about OWI in Indiana.

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In Indiana, you can get a OWI if you drive with a blood alcohol concentration (BAC) of 0.08% or higher, regardless of whether your driving ability was actually impaired. And the law in Indiana says that if you are driving a vehicle, you have given consent to submit to a chemical test for the purpose of determining the amount of alcohol in your blood. Here are some details on the consequences of refusing to take a chemical test in Indiana and other details about Indiana OWI law.

In Indiana, what are the consequences of refusing to take a chemical test (usually a breathalyzer or blood test) when suspected of OWI?

Here are the consequences for not taking a breathalyzer or blood test in Indiana, broken out by whether this is your first, second, or third offense:

1st offense

2nd offense

3rd offense

1 year suspension of license

2 year suspension of license

2 year suspension of license

 

In Indiana, when do police have to measure your blood alcohol content (BAC)?

In Indiana, law enforcement officers are supposed to measure your BAC at the time of driving. However, prosecutors may be able to prove your culpability for OWI even if your BAC is taken later than this time.

What is the maximum BAC for drivers under 21 in Indiana?

In Indiana, the maximum blood alcohol content (BAC) for drivers who are under 21 (considered minors under some drinking and driving laws) is .02%. Persons under 21 convicted of OWI will have their license suspended for one year.

What are the minimum jail times for a OWI in Indiana?

Here are the minimum jail times for a OWI in Indiana, broken out by whether this is your first, second, or third offense:

1st offense

2nd offense

3rd offense

No minimum required jail

5 days jail

10 days jail

How long will prior OWI convictions remain relevant for sentencing purposes in Indiana?

In Indiana, prior OWI convictions stay on your record (and can be counted against you when you are being sentenced for another DUI/DWI offense) for good.

Can a OWI be “pleaded down” to a "wet reckless" in Indiana?

No, a plea bargain for a conviction of "wet reckless" (reckless driving involving alcohol) is barred by statute in your state.

If you are interested in contacting a lawyer, you can find a OWI lawyer in your area in Nolo's Lawyer Directory.

Are ignition interlock devices (IIDs) required for convicted OWI offenders in Indiana?

Yes, for a second offense.

Where can I get more information about OWI laws in Indiana?

Nolo's DUI/DWI topic has many helpful articles, including a Drunk Driving, DUI, and DWI FAQ. For more help after a OWI arrest, see Nolo's Lawyer Directory, where you can view in-depth profiles of Indiana OWI attorneys in your area.

Last updated on 09/01/2010.

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