In Indiana, law enforcement primarily use the term OWI (operating a vehicle under the influence) which is the same as a DUI (driving under the influence) in other states.

How much do you have to drink (BAC*) for a OWI/DUI in Indiana?

** BAC = blood alcohol content

How many drinks does it take? Check the BAC chart.

What if you refuse to take a chemical test in Indiana?

Indiana has an implied consent law. That means that if you refuse to submit to a chemical test you will be subject to a fine and automatic license suspension. Learn more about Indiana’s implied consent law.

What is the minimum jail time?

Lookback Period: 10 years (Period of time that prior OWI/DUIs are relevant for sentencing. Also known as a “washout” period.) 

Can you plead to a lesser offense than OWI/DUI in Indiana?

We try to keep the information provided here up to date. However, laws often change, as do their interpretation and application. Different jurisdictions within a state may enforce the laws in different ways. For that reason, we recommended that you seek the advice of a local attorney familiar with OWI/DUI cases in your area.

1st Indiana DUI Offense

First Drunk Driving Conviction

• Class “C” Misdemeanor
• Jail – From 30 Days Minimum to 60 Days
• Jail – Up to 1 Year (BAC .15 or Above)
• Fine – Up to $500
• Fine – Up to $5,000 (BAC .15 or Above)
• License Suspension – Up to 2 Years
• Court Fees – At Least $300
• Probation – Up to 2 Years

Other Possible Penalties

• Ignition Interlock Device
• Community Service
• Attend a Victim Impact Panel
• Substance Abuse Education
• Submit to Urine Testing

More Information: First Offense DUI in Indiana

2nd Indiana DUI Offense

Second Drunk Driving Conviction

• Class “D” Felony
• Jail – 5 Days Minimum Up to 3 Years
• Fine – Up to $10,000
• License Suspension – Minimum of 180 Days up to 2 Years
• Probation – Up to 2 Years

Other Possible Penalties

• Ignition Interlock Device
• Community Service
• Attend a Victim Impact Panel
• Substance Abuse Education
• Submit to Urine Testing

More Information: Second Offense DUI in Indiana

3rd Indiana DUI Offense

Third Drunk Driving Conviction

• Class “D” Felony
• Jail – 10 Days Minimum Up to 3 Years
• If Judged a Habitual Traffic Violator Additional Penalties
• Fine – Up to $10,000
• License Suspension – Minimum of 1 Year up to 10 Years
• Probation – Up to 2 Years

Other Possible Penalties

• Community Service as Ordered by Court
• Ignition Interlock Device Possible
• Attend a Victim Impact Panel Possible
• Substance Abuse Education Possible
• Submit to Urine Testing

More Information: Third Offense DUI in Indiana

Drinking and Driving Laws in Indiana

Indiana Drunk Driving and Wet Reckless Laws - Nolo.com

Like many states around the country, The State of Indiana has strict enforcement and penalties for drunk driving. It is illegal in the State of Indiana to drive with a blood alcohol concentration (BAC) level of .08 percent or greater. This is the standard measurement of the "impaired" driver across the United States. Indiana has stricter laws for drivers under the age of 21 and drivers of commercial vehicles. If you do drive with a .08 BAC in Indiana it is a Class "C" Misdemeanor for your fist offense. In addition to alcohol, The State of Indiana has similar legislation regarding driving under the influence of illegal substances such as marijuana, methamphetamine or cocaine.

How many drinks does it take to reach the legal limit in Indiana?

There are many types of charts and graphs that can give you some idea of how many drinks you can consume before reaching the legal limit, however the problem with using these devices to calculate your BAC is that each individual has unique physical characteristics that directly influence their BAC level, so a chart or a graph will give you an educated guess at best.

The best answer is not to drink and drive . The State of Indiana has strict laws for drunk driving, and when you drink and drive in Indiana, you risk your freedom, finances and your future.

The first time you are convicted of drunk driving in Indiana you will pay court costs and fees of $300 or more, you can also be fined up to $5,000. You will also face jail time not to exceed 1 year. Your drivers license will be suspended for a minimum of 30 days followed by a probationary period in which you will be allowed to drive only to work and back. It is also possible that you will be placed on probation and ordered to enroll in a substance abuse course at your own expense. If the court rules you may need to install an ignition interlock device on your car, attend a victim impact panel, and submit to chemical testing for drug and alcohol abuse.

For a second DUI conviction in the State of Indiana you will spend a minimum of 5 days in jail, up to 3 years in jail. You may also be ordered to perform community service. The fine you will receive will be no more than $10,000 and your license will be suspended for a minimum of 6 Months and possibly up to 2 years. It is also possible that you will be placed on probation and ordered to enroll in a substance abuse course at your own expense. If the court rules you may need to install an ignition interlock device on your car, attend a victim impact panel, and submit to chemical testing for drug and alcohol abuse.

Your third drunk driving conviction in Indiana will result in a mandatory minimum of 10 days in jail up to 3 years in jail. You may also be ordered to perform community service. Your drivers license will be suspended for a minimum of 1 year and may be suspended for 10 years. The court will label you a habitual traffic violator, with harsh penalties for the future infractions. If you are charged and sentenced as a habitual substance offended, you may be imprisoned for an additional 1 to 8 years in jail. It is also possible that you will be placed on probation and ordered to enroll in a substance abuse course at your own expense. If the court rules you may need to install an ignition interlock device on your car, attend a victim impact panel, and submit to chemical testing for drug and alcohol abuse.

Drunk Driving Laws in Indiana

State of Indiana BAC Laws:

• All drivers with a BAC of .08 or higher.
• Under 21 with a BAC of .02 or higher.
• Commercial Vehicle Driver with a BAC of .04 or higher.

The Implied Consent Law in Indiana

The State of Indiana implied consent law deems that all drivers in Indiana agree to submit to a chemical test of their blood, breath or urine. Refusal to take such a test will bring a drivers license suspension of 1 year for your first refusal. As with many states, the State of Indiana treats chemical test refusals as serious or more serious than a actual drunk driving conviction.

State of Indiana Website - Additional DUI Information

Other Indiana Information on This Website

Indiana Teen Driving Laws and Insurance Requirements