Indiana OWI (DUI) Laws and Conviction Penalties

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. (Ind. Code §§ 9-30-5-1, 9-30-5-2 (2025).)

Indiana also has a "zero tolerance" law (discussed below) that makes it illegal for underage drivers (those younger than 21) 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. (Ind. Code § 9-30-5-3 (2025).)

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), and
• a license suspension of up to 60 days (or up to a year with a BAC of at least .15%).

(Ind. Code §§ 9-30-5-1, 9-30-5-2, 9-30-8-1, 9-30-16-1, 35-50-3-2, 35-50-3-4 (2025).)

When the court has suspended a defendant's license for an OWI conviction, the court can grant specialized driving privileges. The defendant is generally required to install an ignition interlock device (IID) for specialized driving privileges. (Ind. Code §§ 9-30-6-8, 9-30-16-1 and following (2025).)

The court also may place the driver on probation and order a substance abuse evaluation and treatment. (Ind. Code § 35-50-3-1 (2025).)

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)
• a minimum of 5 days in jail or 240 hours of community service
• 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).

(Ind. Code §§ 9-30-5-1, 9-30-5-2, 90-30-5-15, 9-30-8-1, 9-30-16-1, 35-50-3-2, 35-50-3-4 (2025).)

When the court has suspended a defendant's license for an OWI conviction, the court can grant specialized driving privileges. The defendant is generally required to install an IID for specialized driving privileges. (Ind. Code §§ 9-30-6-8, 9-30-16-1 and following (2025).)

The court also may place the driver on probation and order a substance abuse evaluation and treatment. (Ind. Code § 35-50-3-1 (2025).)

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)
• a minimum of 10 days in jail or 480 hours of community service
• 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).

(Ind. Code §§ 9-30-5-1, 9-30-5-2, 90-30-5-15, 9-30-8-1, 9-30-16-1, 35-50-3-2, 35-50-3-4 (2025).)

When the court has suspended a defendant's license for an OWI conviction, the court can grant specialized driving privileges. The defendant is generally required to install an IID for specialized driving privileges. (Ind. Code §§ 9-30-6-8, 9-30-16-1 and following (2025).)

The court also may place the driver on probation and order a substance abuse evaluation and treatment. (Ind. Code § 35-50-3-1 (2025).)

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
• the driver has a BAC of at least .15%, is driving under the influence of a controlled substance, or drives in a manner that endangered a person, 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 prison and a fine of up to $10,000. (Ind. Code §§ 9-30-5-3, 35-50-2-7 (2025).)

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 prison and a maximum fine of $10,000. (Ind. Code §§ 9-30-5-3, 35-50-2-6 (2025).)

Under Indiana's underage OWI law, it's a class C infraction for a person who's younger than 21 to operate a vehicle with a BAC of at least .02% but less than .08%. (An underage driver with a BAC of .08% or higher can be charged with a standard OWI.) 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 up to one year. (Ind. Code §§ 9-30-5-8.5, 34-28-5-4 (2025).)

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 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. (Ind. Code §§ 9-30-6-1, 9-30-6-9 (2025).)

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 a reckless driving offense involving drugs or alcohol. A wet reckless carries the same penalties as a normal reckless driving conviction (up to 60 days in jail, a $500 fine, and potential probation) except there's a $200 "alcohol and drug countermeasures" fee. (Ind. Code §§ 9-21-8-52, 33-37-5-10, 35-50-3-4 (2025).)

Getting Help From an Indiana DUI Lawyer

If you've been arrested for a DUI in Indiana, get in contact with an experienced DUI attorney. A qualified DUI lawyer can tell you how the law applies in your case, let you know if you have any viable defenses, and help you decide on the best course of action.