A Complete Guide to Indiana DUI Laws: From First Offense to Felony Charges

June 20, 2025

A Complete Guide to Indiana DUI Laws: From First Offense to Felony Charges

Introduction

In Indiana, the offense of driving while impaired by alcohol or drugs is officially known as "Operating While Intoxicated" (OWI), though it is commonly referred to as DUI. Indiana's OWI laws are strict, with escalating penalties for repeat offenses, high blood alcohol content (BAC) levels, and cases involving injury or death. Understanding these regulations is crucial for anyone driving in the Hoosier State.

The General Framework of Indiana OWI Laws

In Indiana, a person can be charged with OWI if they are found to be operating a motor vehicle while:

Intoxicated, meaning under the influence of alcohol, drugs, or a combination thereof, to such an extent that the person's normal faculties are impaired; OR
Having a BAC of $0.08%$ or more.
Having any amount of a Schedule I or II controlled substance or its metabolite in their body.

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Per Se OWI Law: Indiana operates under a "per se" law for alcohol impairment. This means if your BAC is at or above a certain legal limit, you are legally presumed to be intoxicated, regardless of whether your driving appears impaired.

For drivers 21 and older: The legal BAC limit is $0.08%$ .
For commercial vehicle operators: The legal BAC limit is $0.04%$ .
For drivers under 21 (Zero Tolerance Law): Indiana has a strict "zero tolerance" policy for underage drivers. If a driver under 21 has a BAC of $0.02%$ or higher, they can be charged with OWI.

Even if your BAC is below the specific "per se" limits, you can still face OWI charges if law enforcement can prove that your normal faculties were impaired by alcohol or drugs based on observations, field sobriety tests, or other evidence.

Implied Consent Law

Indiana has a robust implied consent law (IC 9-30-6-1). By driving on Indiana roads, you are legally deemed to have given your consent to a chemical test (breath, blood, or urine) to determine your BAC or the presence of drugs if a law enforcement officer has probable cause to believe you are operating while intoxicated and you are lawfully arrested for OWI.

Refusal to Test: Refusing to submit to a chemical test after a lawful arrest for OWI in Indiana carries immediate and severe administrative penalties from the Bureau of Motor Vehicles (BMV), separate from any criminal prosecution. Your refusal can also be used as evidence against you in court.

First refusal: Automatic 1-year driver's license suspension. You are generally not eligible for specialized driving privileges (hardship license) during this suspension period.
Second or subsequent refusal (within 20 years): Automatic 2-year driver's license suspension.

It's important to note that while you can refuse roadside field sobriety tests or portable breathalyzer tests without immediate BMV penalties, the implied consent law applies to the evidentiary chemical test requested after a lawful arrest. Law enforcement can also seek a search warrant to compel a blood draw even if you initially refuse.

Indiana OWI Statistics

Impaired driving remains a significant public safety concern in Indiana. According to preliminary data from the Indiana Criminal Justice Institute (ICJI) for 2023, there were 149 alcohol-impaired fatalities in Indiana. The ICJI aims to reduce this number to 146 in 2024. This indicates that alcohol-impaired driving continues to contribute to a substantial portion of traffic fatalities in the state. In 2020, male drivers were involved in a higher percentage of fatal collisions and were also more likely to be alcohol-impaired. Age groups 21-24 and 25-34 years were identified as being at the highest risk.

Penalties for OWI in Indiana

Indiana's OWI penalties are substantial and become significantly more severe with each subsequent conviction. Indiana has varying "look-back" periods depending on the specific enhancement, but prior OWI convictions generally always count for increasing the severity of the current offense.

First Offense OWI (Misdemeanor - Typically Class C or Class A)

For a first-time OWI conviction in Indiana (no prior OWI convictions):

Jail Time:
- Class C Misdemeanor: Up to 60 days imprisonment. (Often suspended with probation).
- Class A Misdemeanor (if BAC $0.15%$ or higher, or if the OWI endangers a person): Up to 1 year imprisonment.
Fines:
- Class C Misdemeanor: Up to $500.
- Class A Misdemeanor: Up to $5,000.
License Suspension: Up to 2 years (minimum 30 days absolute suspension, followed by a probationary period for driving privileges). The BMV also imposes an administrative suspension (e.g., 180 days if BAC $0.08%$ or higher, 1 year for refusal).
Specialized Driving Privileges (SDP): After the initial absolute suspension period (often 30 days for a failed test), you may be eligible to apply for specialized driving privileges, which typically require the installation of an Ignition Interlock Device (IID).
Ignition Interlock Device (IID): Discretionary for a first offense, but often imposed by the court as a condition for specialized driving privileges or probation.
Substance Abuse Assessment and Education/Treatment: Mandatory evaluation and completion of any recommended programs.
Victim Impact Panel: May be required to attend.
Probation: Can be placed on probation with various conditions, including urine testing.

Repeat Offenses (Varying Look-Back Periods)

Second Offense OWI (Level 6 Felony if within 7 years; otherwise Class A Misdemeanor):
- If within 7 years of prior OWI (Level 6 Felony):
  - Prison Time: 6 months to 2.5 years in state prison (advisory sentence 1.5 years). Mandatory minimum 5 days jail OR 240 hours of community service (judge's discretion).
  - Fines: Up to $10,000.
  - License Suspension: Minimum 180 days up to 2 years.
  - IID: Mandatory for a period of specialized driving privileges or as a condition of reinstatement.
  - Substance Abuse Treatment: Mandatory evaluation and treatment.
  - Vehicle Forfeiture: Possible.
- If more than 7 years since prior OWI (Class A Misdemeanor, but with mandatory minimum jail):
  - Jail Time: Mandatory minimum 5 days up to 1 year. (Judge may allow 240 hours community service in lieu of jail).
  - Fines: Up to $5,000.
  - License Suspension: Minimum 180 days up to 2 years.
  - IID: Discretionary but likely.
Third Offense OWI (Level 6 Felony): (Any third OWI, regardless of when priors occurred, though specific look-back periods apply for "Habitual Vehicle Substance Offender" enhancements)
- Prison Time: 6 months to 2.5 years in state prison. Mandatory minimum 10 days jail or 240 hours community service.
- Fines: Up to $10,000.
- License Suspension: Minimum 1 year up to 10 years.
- IID: Mandatory.
- Habitual Traffic Violator (HTV) / Habitual Substance Offender: May be declared an HTV, leading to longer license revocations. Can also be charged as a "Habitual Substance Offender," leading to an additional prison term (1 to 8 years).
- Vehicle Forfeiture: Possible.

Aggravating Factors and Felony OWI:

Certain circumstances automatically elevate an OWI to a felony, even for a first offense:

OWI Causing Serious Bodily Injury (Level 6 Felony):
- Prison Time: 6 months to 2.5 years.
- Fines: Up to $10,000.
- License Suspension: Minimum 2 years.
- Mandatory Restitution: To the victim.
OWI with a Passenger Under 18 (Level 6 Felony): If the driver is at least 21 years old and has a passenger under 18.
- Prison Time: 6 months to 2.5 years.
- Fines: Up to $10,000.
- License Suspension: Minimum 2 years.
OWI Causing Death (Level 5 Felony):
- Prison Time: 1 to 6 years (advisory sentence 3 years).
- Fines: Up to $10,000.
- License Suspension: Minimum 2 years.
- Mandatory Restitution: To the victim's family.
OWI Causing Death with a Prior OWI within 10 years (Level 4 Felony):
- Prison Time: 2 to 12 years.
- Fines: Up to $15,000.
- License Suspension: Minimum 5 years.

Conclusion

Indiana's OWI laws are comprehensive and severe, reflecting the state's aggressive stance against impaired driving. From potential jail time and significant fines for a first offense to lengthy prison sentences, extensive license revocations (including for implied consent refusal), and felony convictions for repeat or aggravated offenses, the consequences are designed to deter and punish. Understanding the state's "per se" and "zero tolerance" BAC limits, the strict implied consent law, and the impact of aggravating factors is paramount for every driver in Indiana. For anyone facing an OWI charge in the Hoosier State, immediate consultation with an experienced Indiana OWI defense attorney is strongly advised to navigate the complexities of the legal system and safeguard your rights and future.

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