Indiana OWI DUI Laws
Overview of the penalties upon conviction of OWI in Indiana
Indiana OWI Laws, BAC limits, fines, jail times, IID requirements, suspension/revocation periods and SR22 insurance requirements for first time and repeat offenders with multiple DUI's.
If you've been charged with OWI in Indiana, the law allows only 10 days for a Indiana OWI Lawyer to make a request with the Indiana BMV (Bureau of Motor Vehicles for a hearing to help save your drivers license.
What are the penalties for OWI in Indiana?
The penalties for operating a vehicle while intoxicated in Indiana will depend upon the exact circumstances of each particular case and the number of previous convictions (if any) a person has.
IN OWI Penalties
Indiana is a state with a 5 year 'washout period' also known as a 'look back period'
ENHANCED PENALTIES
Enhanced penalties exist for OWI under certain circumstances. These circumstances include:
1) OWI with a passenger under the age of 18 (Class D Felony)
2) OWI causing bodily injury to another person (Class D Felony)
3) OWI causing death to another person (Class C Felony)
4) OWI with BAC 0.15% or greater (Class A Misdemeanor)
1st OWI Offense / Conviction - Class C or A Misdemeanor
The penalty upon conviction of a first OWI offense in Indiana:
- Fines: up to $500 fine [up to $5,000 if BAC 0.15% or above]
- Jail: 30 to 60 days in jail [up to 1 year if BAC 0.15% or above]
- Drivers License Suspension: 90 days to 2 years drivers license suspension (after 30 days the court may stay execution of suspension and grant probationary restricted driving privileges either with or without an ignition interlock for 180 days)
- Ignition Interlock: Possible ignition interlock device (IID) restriction for a period not to exceed the maximum term of imprisonment the court could have imposed
- Possible alcohol/drug abuse assessment and appropriate treatment
- May be required to attend a victim impact panel
- IN SR22 Insurance (proof of financial responsibility) Requirement
2nd OWI Offense / Conviction - Class D Felony
The penalty upon conviction of a second OWI offense in Indiana:
- Fines: up to $10,000 fine
- Jail: between 5 days and 3 years in jail
- Drivers License Suspension: 180 days to 2 years drivers license suspension (probationary ignition interlock restricted driving privileges may be available after 180 days suspension)
- Ignition Interlock: Possible ignition interlock device (IID) restriction for a period not to exceed the maximum term of imprisonment the court could have imposed
- Mandatory 180 hours community service
- Possible alcohol/drug abuse assessment and appropriate treatment
- May be required to attend a victim impact panel
- IN SR22 Insurance (proof of financial responsibility) Requirement
3rd OWI Offense / Conviction - Class D Felony
The penalty upon conviction of a third OWI offense in Indiana:
- Fines: up to $10,000 fine
- Jail: between 10 days and 3 years in jail
- Drivers License Suspension: minimum of 1 year and up to 10 years drivers license suspension
- Ignition Interlock: Possible ignition interlock device (IID) restriction for a period not to exceed the maximum term of imprisonment the court could have imposed
- Mandatory 360 hours community service
- Alcohol/drug abuse assessment and appropriate treatment
- May be required to attend a victim impact panel
- May be declared as habitual traffic violator
- IN SR22 Insurance (proof of financial responsibility) Requirement
May be imprisoned for an additional 1 to 8 years imprisonment if sentenced as a habitual substance offender
Implied Consent (Chemical Testing) Laws
In Indiana any person driving a motor vehicle is deemed to have given their consent for chemical testing of their breath, blood or urine in order to determine the alcohol content within their blood. It is an offense to refuse to submit or fail to complete a blood alcohol test when required to do so.
Chemical Test Refusal Penalties - Indiana
In addition to any other penalties imposed, if a chemical test is refused the court shall suspend the persons driving privileges:
First Chemical Test Refusal
- Drivers License Suspension: 1 year drivers license suspension
- IN SR22 Insurance (proof of financial responsibility) Requirement
Second (& subsequent) Chemical Test Refusal
- Drivers License Revocation: 2 years drivers license suspension
- IN SR22 Insurance (proof of financial responsibility) Requirement
What is the legal alcohol limit in Indiana
The maximum legal BAC (blood alcohol content) limits in Indiana for driving are as follows:
ADULT DRIVERS - BAC LIMIT = 0.08%
In the State of Indiana it is an offense for adult drivers to drive any regular motor vehicle with 0.08% or more, by weight, of alcohol in his/her blood.
DRIVERS UNDER 21 - BAC LIMIT = 0.01%
In the State of Indiana it is an offense for drivers under the age of 21 (minors) to drive any motor vehicle with 0.02% or more, by weight, of alcohol in his/her blood.
COMMERCIAL DRIVERS - BAC LIMIT = 0.04%
In the State of Indiana it is an offense for drivers who drive commercial vehicles to drive any commercial motor vehicle with 0.04% or more, by weight, of alcohol in his/her blood.
It is an offense to refuse to submit to a chemical test in Indiana and implied consent laws are enforced.
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