What are OWI penalties in Indiana?
Indiana's OWI law is codified at IC 9-30-5 and uses a graduated charge structure based on BAC and prior offenses.
1. BAC Limits — .08% for drivers 21+, .04% for commercial drivers, .02% for drivers under 21 (IC 9-30-5-8.5).
2. First Offense — BAC .08-.14 — Class C misdemeanor: up to 60 days jail, up to $500 fine, 30-180 day license suspension, probation possible.
3. First Offense — BAC .15+ — Class A misdemeanor: up to 1 year jail, up to $5,000 fine, 30-day to 2-year license suspension, mandatory probation with substance abuse evaluation.
4. First Offense — Endangerment (IC 9-30-5-2) — Class A misdemeanor: same penalties as high BAC. 'Endangerment' includes operating in a manner that endangers a person.
5. Second OWI within 7 years — Level 6 felony: 6 months to 2½ years prison, up to $10,000 fine, mandatory minimum 5-day jail or 180-hour community service, 1-year license suspension.
6. Third OWI within 10 years — Level 6 felony: 6 months to 2½ years prison, up to $10,000 fine, mandatory minimum 10-day jail or 360-hour community service, plus designation as a Habitual Vehicular Substance Offender (additional 1-8 year enhancement).
7. OWI Causing Serious Bodily Injury (IC 9-30-5-4) — Level 5 felony: 1-6 years prison, $10,000 fine.
8. OWI Causing Death (IC 9-30-5-5) — Level 4 felony: 2-12 years prison; Level 3 if prior OWI conviction (3-16 years).
9. Implied Consent (IC 9-30-6) — Refusing chemical test triggers automatic 1-year license suspension (2 years for prior OWI in 10 years). The refusal itself is admissible at trial.
10. Ignition Interlock — Discretionary for first offenders, mandatory for subsequent OWI convictions during specialized driving privilege period.
11. Aggravating Factors — Passenger under 18 in vehicle elevates first OWI to Level 6 felony; high BAC and accidents enhance penalties.
12. Specialized Driving Privileges — Even with revocation, courts may grant restricted driving privileges for work, education, or treatment.
This is legal information, not legal advice.
- Any OWI charge — always get an attorney
- Accident with injuries
- Prior OWI convictions
- Felony OWI
- Ind. Code § 9-30-5-1
- Ind. Code § 9-30-5-2
- Ind. Code § 9-30-5-4
- Ind. Code § 9-30-6-1
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.