Indiana OWI & DUI Laws
Indiana has various laws that punish drivers who are driving under the influence of substance that could affect their ability to operate a vehicle. You will be subject to a OWI or operating while intoxicated charge if found guilty of driving with a BAC (blood alcohol concentration) of .02%. Punishments will increase severely if found guilty of driving with a BAC of .15% or greater.
Legal limit in Indiana:
- Standard, non-commercial drivers: .08% BAC
- Commercial drivers: .04% BAC
- Drivers under 21: .02% BAC
Penalties, Fines, & Suspension
| Indiana OWI & DUI Penalties, Fines, & Suspension | |||
|---|---|---|---|
| Penalty | 1st offense | 2nd offense | 3rd offense |
| Sentence | 60 days to 1 year | 5 days to 3 years | 10 days to 3 years |
| Fine | $500 to $5,000 | $10,000 | $10,000 |
| Driver’s License Suspension | Up to 2 years | At least 180 days to 2 years | 1 to 10 years |
Chemical Test Refusal
Indiana is an implied consent state meaning that all drivers are required to take a blood or breath test if an officer has probable cause that you are drunk driving. If you refuse this chemical test in Indiana you will be subject to a fine and an automatic license suspension.
1st offense: License suspension for 1 year
2nd offense: License suspension for 2 years
3rd offense: License suspension for 2 years
Ignition Interlock
Ignition interlock devices may be required to drive your vehicle on a case by case basis in order to obtain a hardship reinstatement. This device acts like a breathalyzer and will not allow you to start your vehicle if you are over the legal blood alcohol levels.
Criminal Record
An operating while intoxicated conviction will stay on an offender’s record for their lifetime. It is not possible to remove an OWI from a person’s record in the state of Indiana. After a second offense, this charge will be considered an automatic felony.
Under 21
If a minor is convicted of a OWI with a BAC between .02% and .08% they will be fined up to $500 and be subject to a license suspension for a year or less. The school system may also take their own actions to penalize the student. Punishment will increase if a minor presents a false identity.
OWI with a Child Passenger
A class D felony will be automatically issued if someone is convicted of drinking and driving with a child under the age 18 in the vehicle. This meaning that the OWI misdemeanor will now be considered a felony.
More on IN DUI Laws:
Center for Disease Control: Indiana Drunk Driving Fact Sheet: https://www.cdc.gov/motorvehiclesafety/pdf/impaired_driving/drunk_driving_in_in.pdf