What happens if I get an OWI in Indiana?

Indiana calls drunk driving "OWI" (Operating While Intoxicated) and uses a class-misdemeanor / class-felony structure based on BAC level, prior offenses, and aggravating circumstances.

1. Per Se BAC Standard

Ind. Code § 9-30-5-1 sets adult per se OWI at 0.08% BAC (Class C misdemeanor), with enhancement to Class A misdemeanor at 0.15%+ under § 9-30-5-1(b). Commercial limit is 0.04% under § 9-24-6.1-6; under-21 limit is 0.02% under § 9-30-5-8.5.

2. Implied Consent

Ind. Code § 9-30-6-1 requires submission to chemical testing. Refusal triggers an automatic 1-year license suspension (2 years if prior); the suspension is independent of the criminal case and is administered by the BMV.

3. First-Offense Penalties

Class C misdemeanor first OWI: 0-60 days jail, up to $500 fine, 180-day to 2-year license suspension, 1-year probation, and alcohol/drug program. Class A misdemeanor (BAC 0.15%+ or endangering): up to 1 year jail, up to $5,000 fine, 1-2 year suspension. Specialized Driving Privileges available under § 9-30-16 after a hardship hearing.

4. Enhancements

Second OWI within 7 years under § 9-30-5-3 is a Level 6 felony (6 months-2.5 years prison); OWI causing serious bodily injury (§ 9-30-5-4) is a Level 5 felony; OWI causing death (§ 9-30-5-5) is a Level 4 felony with 2-12 year sentence. Passenger under 18 under § 9-30-5-3(a)(2) elevates to Level 6 felony.

5. Administrative License Suspension (ALS)

The arresting officer takes your license; the BMV imposes the suspension upon receipt of the probable cause affidavit. You may file a petition for Specialized Driving Privileges with the court within 30 days to obtain a hardship license.

6. Court Process

Initial hearing within 48 hours, pretrial conferences, motions to suppress (Ind. R. Crim. Proc. R. 4), plea negotiations (reckless driving plea reduction possible), and bench/jury trial.

7. Long-Term Consequences

SR-22 insurance for 3 years post-reinstatement, federal CDL disqualification for 1 year (49 C.F.R. § 383.51), Class C misdemeanor OWI may be expunged after 5 years under Ind. Code § 35-38-9-2 with no further convictions, but felony OWI more restricted.

This is legal information, not legal advice.