How Indiana defines “operating while intoxicated” (OWI) and the consequences of a conviction.
In Indiana, a motorist can get an OWI for operating a vehicle with a blood alcohol concentration (BAC) of .08% or more, with any amount of a Schedule I or II controlled substance in the body, or while actually intoxicated (impaired) by drugs or alcohol.
Indiana also has a "zero-tolerance" law that makes it illegal for motorists under 21 years old to drive with a BAC of .02% or more.
Jail Time and Fines for Indiana OWI Convictions
In Indiana, an OWI conviction will stay on your record and count as a prior conviction forever. Here are the possible jail sentences and fines for a first, second, and third OWI conviction.
|
1st offense |
2nd offense |
3rd offense |
|
|
Jail Time |
Up to 60 days (or up to 1 year with BAC of .15% or more) |
6 months to 2 ½ years if at least one prior within the past seven years |
6 months to 2 ½ years if at least one prior within the past seven years |
|
Fines |
Up to $500 (or up to $5,000 with BAC of .15% or more) |
Up to $10,000 if at least one prior within the past five years |
Up to $10,000 if at least one prior within the past five years |
License Suspensions for an Indiana OWI
All Indiana drivers who are convicted of an OWI face license suspension. The possible suspension periods for a first, second, and third OWI are as follows.
|
1st offense |
2nd offense |
3rd offense |
|
|
Suspension Period |
Up to 60 days (up to a year with a BAC of at least .15%) |
Minimum 1 year |
Minimum 1 year (10-year minimum if the priors occurred within the past 10 years) |
However, an offender may be eligible for "specialized driving privileges" for driving to and from places like work and school during at least part of the suspension. The judge can require an ignition interlock device (IID) as a condition for obtaining specialized driving privileges.
Indiana's Implied Consent Laws
Indiana's "implied consent" laws specify that all motorists agree to take a chemical test (usually a blood or breath test) if lawfully arrested for driving under the influence. Motorists who refuse testing generally face a license suspension of one or two years, depending on their record.
Reducing an Indiana OWI Charge
If you're charged with driving under the influence in Indiana, it's possible to "plea bargain" for a lesser charge. "Wet reckless" refers to a plea deal where an OWI is reduced to a reckless driving charge.
