In Indiana, driving under the influence (DUI) is often referred to as “operating while intoxicated” (OWI). It’s unlawful for a person to drive a vehicle:
- with a blood alcohol concentration (BAC) of .08% or more
- with a schedule I or II controlled substance or its metabolite in the person’s body, or
- while intoxicated by alcohol or drugs.
Generally, there are administrative (license related) penalties as well as criminal penalties imposed following an OWI arrest and conviction.
Administrative Penalties
Under Indiana’s implied consent law, the Bureau of Motor Vehicles (BMV) will suspend the license of any motorist who fails or refuses to submit to chemical testing of breath, blood, urine, and/or another bodily substance. In most circumstances, a motorist fails a chemical test if it discloses:
- a BAC of .08% or more, or
- a schedule I or II controlled substance or its metabolite in the driver’s system.
Motorists who fail or refuse to submit to chemical testing face the following suspension periods:
- Suspension Period for Failed Test:
- 1st Offense: 180 days
- 2nd Offense: 180 days
- 3rd Offense: 180 days
- Suspension Period for Test Refusal:
- 1st Offense: 1 year
- 2nd Offense: 2 years
- 3rd Offense: 2 years
Criminal Penalties
Generally, the criminal penalties imposed for OWI convictions depends on whether the defendant:
- had a BAC of .15% or more (get an estimate of how many drinks it takes)
- is at least 21 years old
- drove in a manner that endangered another person
- had a passenger under 18 years of age in the vehicle, and
- has prior OWI convictions.
The list below details the minimum and maximum penalties for first, second, and third OWI convictions.
Jail and Community Service:
- 1st Offense: Up to 60 days; up to 1 year (if BAC .15% or more or drove in a manner that endangered another person); 6 months to 2.5 years (if at least 21 years old, BAC .15% or more or endangered another person, and had a passenger under 18 years of age)
- 2nd Offense: Minimum: 5 days or 240 hours of community service; 6 months to 2.5 years (if the previous OWI conviction occurred within 5 years); 1 to 6 years (if the previous OWI conviction caused death or serious injury)
- 3rd Offense: Minimum: 10 days or 480 hours of community service; 6 months to 2.5 years (if the previous OWI conviction occurred within 5 years); 1 to 6 years (if the previous OWI conviction caused death or serious injury)
Fines:
- 1st Offense: Up to $500; up to $5,000 (if BAC .15% or more or drove in a manner that endangered another person); up to $10,000 (if at least 21 years old, BAC .15% or more or endangered another person, and had a passenger under 18 years of age)
- 2nd Offense: Up to $10,000 (if the previous OWI conviction occurred within 5 years or caused death or serious injury)
- 3rd Offense: Up to $10,000 (if the previous OWI conviction occurred within 5 years or caused death or serious injury)
License Suspension:
- 1st Offense: 60 days to 2.5 years
- 2nd Offense: 6 months to 6 years
- 3rd Offense: 6 months to 6 years
Other Penalties Imposed for OWI Convictions
Victim impact program. All OWI offenders are required to complete a victim impact program (VIP). To complete the program, offenders must attend a panel of speakers who have been affected by OWI drivers and visit an emergency medical facility, alcoholism treatment center, or a coroner’s office.
Alcohol/drug assessment and treatment. Second and subsequent OWI offenders must receive an alcohol/drug assessment and complete an alcohol or drug treatment program. Offenders who suffer from alcohol abuse must complete an alcohol deterrent program.
Vehicle seizure. If a defendant has two or more OWI convictions within the previous five years, the court can require that the defendant’s vehicle be seized. The defendant must obtain a valid driver’s license before the vehicle will be registered in the defendant’s name.