Indiana OWI Laws & Penalties

An Indiana OWI (Operating While Intoxicated) is issued for drivers with a blood alcohol level of .08% or higher. Indiana OWI cases are considered misdemeanor offenses. However, those arrested while driving with a blood alcohol level of .15% or more are treated with much more severity.

If you are arrested for an Indiana OWI, the officer who arrests you will decide whether you take a breath test or a urine test. Also, you will not be able to talk to a lawyer before taking the test. The officer controls which test you take, and you do not have the option to refuse to submit to the test. The officer will seize your license, but you are not suspended from driving until after your court appearance. Those awaiting trial for Indiana OWI can even receive a duplicate driver’s license. 

Penalties for Indiana OWI

While an Indiana OWI is considered a misdemeanor, it still carries severe consequences. You could spend two months to a year in jail, but Indiana state law does not require this. Also, you could face $500-$5,000 in fines, which are also not required by law. Your license will be suspended for 180 days for first offenders, but this is often lessened to 30 days. If it is not lessened, you can apply for a temporary license called a “Hardship License,” which allows you limited driving privileges. Often one of the stipulations is the inclusion of an ignition interlock system that will not allow you to drive if you have any alcohol in your blood. Second and third offenders face much longer suspension times. Most of these punishments are determined by the particular court in which you are tried. 

However, first time Indiana OWI offenders can opt out of these fines by participating in an alcohol evaluation and treatment program. If the program is completed, your charges can be completely dropped. You can only do this once. In this treatment program, you will be evaluated and then prescribed treatment for your alcohol problem. 

Here is a list of the different consequences for an Indiana OWI conviction 

Indiana First Offense OWI Penalties

• Jail time up to 60 days

• 1 year probation

• Up to $5,000 in fines

• Drivers license suspension for 90 days to 2 years

Indiana Second or Subsequent Offense OWI Penalties

• Class D felony

• Jail time of 6 months to 3 years

• Up to 3 years probation

• Up to $10,000 in fines

• Drivers license suspension for 1 to 2 years

Subsequent offenses or offenses with aggravating circumstances, carry longer jail times and higher fees. 

Indiana BAC Assumptions

• BAC levels of .05% to .079% are considered relevant evidence of intoxication.

• BAC levels of .08% or greater are considered evidence of intoxication.

Indiana Implied Consent Laws

• Chemical testing is allowed. Blood, breath or urine to be selected by the officer within 3 hours of driving.

• The officer is required to advise the defendant of the penalties for test refusal.

• Tests resulting in a BAC of .08% or greater carry a 180 day license suspension.

• Test refusal results in a 1 year license suspension; which is admissible in a criminal case.

Chemical Testing

• Chemical test results are admissible as evidence in court if they are performed by a qualified person in accordance with state guidelines.

• Blood tests are to be administered by a licensed physician, registered nurse or other qualified person.

• There are no statutory provisions regarding independent testing.

• Test results are only disclosed to the prosecuting attorney.

Indiana OWI Insurance Considerations

No matter if you are a first time offender or a repeat offender, your Indiana OWI will carry serious consequences for your insurance premiums. You will either find that you are dropped by your insurance provider, or you will find that your premium cost skyrockets. This can even affect your family members that are on your insurance policy.

DUI Arrest Help.com has partnered with the largest and most trusted SR22 insurance provider in the state of Indiana and has worked out a special discount only available here for our website visitors.

You won't be able to find a cheaper SR22 insurance policy in Indiana for any less.  Type in your zip code below so we can provide you with the cheapest rates in your area.

Other Indiana OWI Resources

• Indiana OWI First Offense -  Detailed first offense information including punishments after a first offense OWI in Indiana.

• Indiana SR22 Insurance -  Learn everything you need to know about Indiana SR22 filing requirements with the DMV and find out how you can save hundreds of dollars each year on your IN SR22 insurance.

• Indiana OWI Lawyers -   Contact one of our Indiana OWI lawyers today.