Indiana OWI Laws and Penalties

How Indiana defines “operating while intoxicated” (OWI) and the consequences of a conviction.

By John McCurley, Attorney · University of San Francisco School of Law

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.

	1^st offense	2^nd offense	3^rd 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.

	1^st offense	2^nd offense	3^rd 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.

Facing a DUI? We've helped 115 clients find attorneys today.

FACING A DUI?

Talk to a DUI Defense attorney

We've helped 115 clients find attorneys today.

Full Name

Full Name is required

Email

Email is required

Please enter a valid Email

Phone

Phone Number is required

Please enter a valid Phone Number

Zip Code

Zip Code is required

Please add a valid Zip Code

Please enter a valid Case Description

Description is required

By submitting this form I agree to the Terms of Use and Privacy Policy and consent to be contacted by Martindale-Nolo and its affiliates, and up to three attorneys regarding this request and to receiving relevant marketing messages by automated means, text and/or prerecorded messages at the number provided. Consent is not required as a condition of service,

Click here

to agree without providing consent to be contacted by automated means, text and/or prerecorded messages. Rates may apply.

You should not send any sensitive or confidential information through this site. Any information sent through this site does not create an attorney-client relationship and may not be treated as privileged or confidential. The lawyer or law firm you are contacting is not required to, and may choose not to, accept you as a client. The Internet is not necessarily secure and emails sent through this site could be intercepted or read by third parties.

How It Works

Briefly tell us about your case
Provide your contact information
Choose attorneys to contact you

Copyright ©2024 MH Sub I, LLC dba Nolo ® Self-help services may not be permitted in all states. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. The attorney listings on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy, Cookie Policy, and Consumer Health Data Notice.

Your Privacy Choices