DUI Laws in Indiana (OWI)
Indiana uses the term "OWI" for impaired driving offenses. The standard BAC limit is 0.08%. The lookback period is 7 years for automatic felony enhancement (2nd OWI within 7 years = Level 6 felony). However, a 3rd OWI is a Level 6 felony regardless of time between offenses (lifetime lookback for 3rd+). The habitual traffic violator designation uses a 10-year window.. 2nd OWI within 7 years. Below are the full details of Indiana's DUI laws and penalties.
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Overview
Indiana uses the term Operating While Intoxicated (OWI) rather than DUI, and the state distinguishes between OWI (BAC 0.08–0.149%), OWI with endangerment (impairment causing danger), and OWI with BAC of 0.15% or higher — each carrying increasingly severe penalties. Indiana uses a 7-year lookback period for repeat offense enhancements and treats a second OWI within 7 years as a Level 6 felony, which is more aggressive than many states. The state has expanded its specialized driving while intoxicated courts and offers a robust IID program that can restore driving privileges during suspension.
Official term: OWI
BAC Limits
| Driver Type | BAC Limit |
|---|---|
| Standard (21+) | 0.08% |
| Commercial (CDL) | 0.04% |
| Under 21 | 0.02% |
| Enhanced Penalty | 0.15% — triggers OWI with BAC 0.15+ classification with enhanced penalties (Class A misdemeanor minimum on first offense) |
Penalties by Offense
| Offense | Classification | Jail Time | Fines | License Suspension | IID |
|---|---|---|---|---|---|
| 1st Offense | Class C misdemeanor (standard OWI); Class A misdemeanor if BAC 0.15+ or endangerment | Class C: up to 60 days. Class A: up to 1 year. No statutory mandatory minimum for first offense, but jail is common. | Class C: up to $500. Class A: up to $5,000. | Up to 2 years (administrative suspension by BMV); typically 90 days to 1 year. Eligible for specialized driving privileges with IID. | Required for specialized driving privileges (SDP) during suspension; court may order IID for 180 days to 1 year |
| 2nd Offense | Level 6 felony (if within 7 years of first); Class A misdemeanor (if more than 7 years since first) | Level 6 felony: 6 months to 2.5 years. Class A misdemeanor: up to 1 year. Mandatory minimum 5 days for Level 6 felony (or 180 hours community service). | Level 6 felony: up to $10,000. Class A misdemeanor: up to $5,000. | Minimum 180 days to 2 years; possible permanent suspension for habitual traffic violator designation | Mandatory for any driving privileges during suspension; typically 1–2 years |
| 3rd Offense | Level 6 felony (automatic regardless of time between offenses — if two or more priors exist) | 6 months to 2.5 years; mandatory minimum 10 days in jail | Up to $10,000 | Minimum 1 year to permanent; habitual traffic violator (HTV) designation likely (10-year suspension minimum) | Mandatory for any driving privileges; extended requirement |
| Felony | Level 6 felony (standard); Level 5 felony (causing serious injury); Level 4 felony (causing death); Level 3 or higher (with prior OWI causing death) | Level 6: 6 months to 2.5 years. Level 5: 1–6 years. Level 4: 2–12 years. Level 3: 3–16 years. | Up to $10,000 for all felony levels | Habitual traffic violator (HTV) designation: minimum 10-year suspension. May face lifetime suspension. | Mandatory for any reinstatement or specialized driving privileges |
Felony threshold: 2nd OWI within 7 years, or 3rd OWI regardless of time frame (Level 6 felony). Also a felony if: prior OWI conviction causing death/injury, passenger under 18, or causing serious bodily injury/death.. Lookback period: 7 years for automatic felony enhancement (2nd OWI within 7 years = Level 6 felony). However, a 3rd OWI is a Level 6 felony regardless of time between offenses (lifetime lookback for 3rd+). The habitual traffic violator designation uses a 10-year window..
Additional Penalty Details
| Offense | Community Service | Probation | DUI School |
|---|---|---|---|
| 1st Offense | Discretionary; commonly imposed as a probation condition | Up to 1 year (Class C) or 2 years (Class A); includes alcohol assessment and treatment compliance | Mandatory substance abuse evaluation through a certified provider; completion of recommended education or treatment program (e.g., Prime for Life or similar) |
| 2nd Offense | 180 hours minimum if elected in lieu of 5-day mandatory jail | Up to 2.5 years (felony); includes intensive supervision and treatment | Mandatory substance abuse evaluation and treatment; more intensive than first offense |
| 3rd Offense | Court-determined; mandatory as probation condition | Up to 2.5 years felony probation with intensive supervision | Mandatory substance abuse evaluation and intensive treatment program; may include residential |
| Felony | Court-determined | Varies by felony level; up to the advisory sentence length | Mandatory evaluation and long-term treatment program; inpatient may be required |
Implied Consent Law
Under Indiana Code §9-30-6-1, a person who operates a vehicle in Indiana impliedly consents to submit to a chemical test (breath or blood) if a law enforcement officer has probable cause to believe the person is intoxicated. The officer must offer the driver the opportunity to take a certified chemical test and inform them of the consequences of refusal.
Refusal penalties: First refusal: 1-year license suspension (administrative). Second refusal: 2-year suspension. Indiana also allows law enforcement to obtain a search warrant for a blood draw if the driver refuses, effectively compelling a test. Refusal is admissible as evidence in the OWI criminal proceeding.
Aggravating Factors
| Factor | Impact |
|---|---|
| BAC of 0.15% or higher | Elevates first offense from Class C to Class A misdemeanor (up to 1 year jail, $5,000 fine); triggers IID requirement |
| Passenger under 18 years old | Elevates charge to Level 6 felony regardless of prior record; enhanced sentencing |
| Prior OWI conviction within 7 years | Second offense becomes Level 6 felony; triggers habitual traffic violator designation |
| Causing serious bodily injury | Level 5 felony (1–6 years); mandatory incarceration; significant fines and restitution |
| Causing death | Level 4 felony (2–12 years); if prior OWI exists, may be charged as Level 3 (3–16 years); equivalent to vehicular manslaughter |
| Operating with a suspended/revoked license due to prior OWI | Additional felony charges (operating as HTV); mandatory consecutive sentencing |
DUI with Injury
Classification: Felony — Level 5 (serious injury) or Level 4 (death)
OWI causing serious bodily injury: Level 5 felony, 1–6 years in prison (advisory 3 years) and up to $10,000 in fines. OWI causing death: Level 4 felony, 2–12 years (advisory 6 years) and up to $10,000 in fines. If defendant has a prior OWI conviction and causes death: Level 3 felony, 3–16 years (advisory 9 years). Lifetime license suspension and mandatory restitution.
Underage DUI
Drivers under 21 with BAC of 0.02% or higher face a Class C infraction for the first offense and up to 1-year license suspension. A second violation is a Class A infraction with longer suspension. If BAC reaches 0.08%, full adult OWI penalties apply. Additionally, illegal consumption of alcohol by a minor is a separate Class C misdemeanor charge.
Diversion Programs
Program: OWI Diversion / Drug Court / Problem-Solving Courts
Indiana operates specialized OWI/DUI Courts and drug courts in many counties that handle impaired driving cases. These 12–24 month programs include intensive supervision, frequent random testing, mandatory treatment, community service, and regular court appearances. Some counties also offer pre-trial diversion for first-time OWI offenders at the prosecutor's discretion, which may result in reduced charges upon completion.
Eligibility: OWI Courts typically target repeat offenders (2nd or 3rd offense) as an alternative to incarceration. Pre-trial diversion is generally limited to first-time offenders with BAC under 0.15%, no accident, no minor passenger, and no prior criminal history. Availability varies by county; Marion County, Hamilton County, and others have established programs.
How Long a DUI Stays on Your Record
An OWI conviction in Indiana stays on your criminal record permanently. Indiana allows limited expungement under IC §35-38-9, but misdemeanor OWI convictions may be eligible for expungement after 5 years if certain conditions are met. Felony OWI convictions may be eligible after 8–10 years. However, even if expunged, the conviction still counts as a prior offense for sentencing purposes on any future OWI. Your BMV driving record retains the OWI permanently.
Key Statutes
- IC §9-30-5-1
- Operating a vehicle while intoxicated — main OWI statute defining offenses and BAC limits
- IC §9-30-5-2
- OWI causing endangerment — operating while intoxicated in a manner that endangers a person
- IC §9-30-5-3
- OWI with BAC of 0.15 or more — enhanced penalty classification for high BAC
- IC §9-30-6-1
- Implied consent law — chemical testing requirements and refusal consequences
- IC §9-30-5-4
- OWI causing serious bodily injury — felony enhancement when OWI results in injury
- IC §9-30-5-5
- OWI causing death — felony charge when operating while intoxicated results in a fatality
Frequently Asked Questions
Is an OWI a felony in Indiana?
What is the difference between DUI and OWI in Indiana?
What happens when you get your first OWI in Indiana?
How long does an OWI stay on your record in Indiana?
Can you refuse a breathalyzer in Indiana?
What is the habitual traffic violator law in Indiana?
Can you get specialized driving privileges after an OWI in Indiana?
How much does an OWI cost in Indiana?
Related Guide
DUI license recovery in Indiana→Step-by-step guide to getting your license back after a DUI in Indiana — suspension periods, IID requirements, SR-22 insurance, reinstatement fees, and process.
Take Action — Direct Links
- Indiana BMV — Suspended Licenses & Reinstatement
Official Indiana Bureau of Motor Vehicles resource for license suspension information, reinstatement requirements, and specialized driving privileges
- Indiana Code Title 9, Article 30 — Operating a Vehicle While Intoxicated
Full text of Indiana's OWI statutes including offense definitions, penalties, and implied consent
- Indiana Judicial Branch — Problem Solving Courts
Information on Indiana's OWI/DUI Court programs and drug courts across the state
- Indiana State Bar Association — Find a Lawyer
Find a qualified OWI defense attorney through Indiana's official bar association referral service
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