Learn about the penalties for an OWI/DUI conviction in Indiana.
The penalties you'll face for a DUI/OWI conviction in Indiana depend mostly on how many prior convictions you have. This article explains Indiana's DUI/OWI laws and the consequences of a first, second, third, and felony violation.
Indiana's DUI/OWI Laws
Indiana officially uses the term "operating while intoxicated" (OWI) instead of "driving under the influence" (DUI). However, some people still use DUI (driving under the influence) and DWI (driving while intoxicated) to refer to drunk or drugged driving.
Indiana's OWI laws prohibit all motorists from operating a vehicle:
- with a blood alcohol concentration (BAC) of .08% or more
- with any amount of a schedule I or II controlled substance in their system, or
- while actually intoxicated by drugs or alcohol.
The extensive list of controlled substances under the schedule I and II classifications includes opiates, hallucinogenic drugs, marijuana, cocaine, and methamphetamine.
Indiana also has a "zero tolerance" law (discussed below) that makes it illegal for underage drivers (those under 21 years old) to operate a vehicle with a BAC of .02% or more.
Indiana First-Offense (Misdemeanor) OWI/DUI Penalties
In Indiana, an OWI conviction will stay on your record and count as a prior forever. However, an OWI becomes a felony (as opposed to a misdemeanor) if the offender has priors within the past seven years. For a first DUI conviction, the driver is looking at:
- up to 60 days (or up to one year with a BAC of .15% or more)
- up to $500 (or up to $5,000 with a BAC of .15% or more)
- a license suspension of up to 60 days (or up to a year with a BAC of at least .15%), and
- an ignition interlock device (IID) requirement of up to 60 days (or up to 1 year with a BAC of .15% or more).
When a defendant's license has been suspended by the court for an OWI conviction, the court can grant specialized driving privileges. The defendant is generally required to install an IID for specialized driving privileges.
Indiana Second-Offense (Misdemeanor or Felony) OWI/DUI Penalties
A second OWI is a felony if the prior conviction was within the past seven years. Otherwise, a second offense will generally be a misdemeanor. As a misdemeanor, a second DUI carries:
- up to 60 days (or up to one year with a BAC of .15% or more)
- up to $500 (or up to $5,000 with a BAC of .15% or more)
- a license suspension of at least one year, and
- an IID requirement of up to 60 days (or up to 1 year with a BAC of .15% or more).
When a defendant's license has been suspended by the court for an OWI conviction, the court can grant specialized driving privileges. The defendant is generally required to install an IID for specialized driving privileges.
Indiana Third-Offense OWI/DUI Penalties
A third OWI is a felony if the prior conviction was within the past seven years. Otherwise, a second offense will generally be a misdemeanor. As a misdemeanor, a third DUI carries:
- up to 60 days (or up to one year with a BAC of .15% or more)
- up to $500 (or up to $5,000 with a BAC of .15% or more)
- a license suspension of at least one year (10-year minimum if the priors occurred within the past 10 years), and
- an IID requirement of up to 60 days (or up to 1 year with a BAC of .15% or more).
When a defendant's license has been suspended by the court for an OWI conviction, the court can grant specialized driving privileges. The defendant is generally required to install an IID for specialized driving privileges.
Indiana Felony OWI/DUI Penalties
A DUI is a level 6 felony in Indiana if the driver has at least one prior conviction that occurred within the past seven years or:
- the driver is at least 21 years old, and
- there was at least one passenger who was under the age of 18.
As a level 6 felony, a conviction generally carries six months to two and one-half years in jail and a fine of up to $10,000.
A DUI is a level 5 felony in Indiana if the offender:
- has a prior DUI conviction involving a death or catastrophic injury, or
- has a prior DUI conviction involving serious bodily injury.
As a level 5 felony, a conviction generally carries one to six years in jail and a maximum fine of $10,000.
Indiana's Underage DUI Law and Penalties
Under Indiana's underage OWI law, it's a class C infraction for a person who's under 21 years of age to operate a vehicle with a BAC of at least .02% but less than .08%. The maximum penalty imposed for a class C infraction is a $500 fine, plus court costs. The underage driver will also face a period of license suspension for 180 days.
Implied Consent and Refusing a Blood or Breath Test in Indiana
Indiana's "implied consent" laws require all drivers lawfully arrested for an OWI to submit to a blood and/or breath test. Motorists who refuse testing and have no prior OWI convictions face a one-year license suspension. The refusal penalty is two years if the driver has at least one prior OWI.
Plea Bargaining in Indiana DUI Cases
If you get charged with an OWI in Indiana, you might be hoping to get the charge dismissed altogether. However, unless the court throws out evidence that's critical to prove the charge, it's unlikely a prosecutor will agree to a complete dismissal.
But in some cases, a reduction to a "wet reckless" charge is possible. A wet reckless is just a reckless driving offense that involves drugs or alcohol. A wet reckless carries the same penalties as a normal reckless driving conviction except there's a $200 "alcohol and drug countermeasures" fee.
