Indiana OWI Laws and Penalties
Explained
If you're dealing with a OWI (Operating While Intoxicated) charge in Indiana, grasping the state's OWI laws and penalties is vital for effectively handling the legal process.
Indiana OWI laws are tough, with significant consequences for those convicted, including financial penalties, license suspension, and potential jail time. This page provides a detailed overview of OWI penalties in Indiana to help keep you informed and prepared.
An Overview of Indiana OWI Laws
Indiana OWI laws are regulated by Indiana Code 9-30-5-2, which prohibits driving or maintaining actual physical control of a vehicle while under the influence of alcohol or controlled substances. The state enforces harsh penalties for OWI violations, with consequences that escalate dramatically for repeat violators.
Under Indiana law, Operating While Intoxicated (OWI) of alcoholic beverages, chemical substances, or controlled substances is one offense, established by impairment of normal faculties or an unlawful blood alcohol or breath alcohol level of 0.08 or above.
Indiana operates under an "implied consent" law, meaning that by driving on Indiana roads, you automatically consent to chemical testing if lawfully arrested for OWI. Refusing to submit to testing results in automatic license revocation and can be used as evidence against you in court.
An Overview of Indiana OWI Penalties
Under Indiana law (Indiana Code 9-30-5-2), OWI penalties can include substantial fines, potential jail time, license revocation, and the installation of an ignition interlock device, with the severity depending on your history and specific circumstances.
These consequences can have a lasting impact on your driving privileges, employment opportunities, and financial well-being. Whether you're seeking general information or facing OWI charges, it's crucial to understand Indiana's strict laws and the escalating penalties that accompany each offense.
Specific Penalties for a OWI in Indiana
Indiana OWI Fine Schedule
In Indiana, OWI fines escalate with each offense. The penalties are significantly higher if your blood alcohol level is 0.15 or above or if a child was in the car at the time of arrest. These circumstances are considered particularly dangerous.
The state uses financial penalties to emphasize the gravity of impaired driving. Repeat offenders face substantially higher fines as a method to discourage patterns of dangerous behavior and protect public safety.
First Conviction
Second Conviction
Third Conviction
Fourth+ Conviction
Indiana Imprisonment Terms
Indiana imposes harsher jail sentences for each OWI conviction. A first offense may result in up to one year of jail time, but higher blood alcohol levels or aggravating factors can increase that penalty.
Repeat offenses lead to mandatory minimum jail stays. The law also requires some jail time to be served consecutively to ensure the offender cannot easily circumvent the sentence.
First Conviction
- Up to 1 year imprisonment
- Enhanced penalties for high BAC
Second Conviction
- 5 days to 2 years imprisonment
- Enhanced penalties for repeat offense
Third Conviction
- 30 days to 5 years imprisonment
- Felony charges possible
Fourth+ Conviction
- Class D felony: 6 months to 3 years imprisonment
- Habitual offender status possible
Indiana Vehicle Impoundment/Immobilization
Indiana law may require the offender's vehicle to be impounded after certain OWI convictions. The duration depends on the specific circumstances and prior offenses.
This penalty serves as a deterrent by limiting the offender's immediate ability to drive again. Vehicle impoundment or forfeiture may be ordered, especially for repeat offenders or when the vehicle was used in commission of the offense.
Unless the family has no other transportation:
Indiana Driver License Revocation Periods
Losing your driver's license in Indiana after a OWI is standard, and the duration depends on the specifics of the offense. First offenses typically result in a suspension that lasts 90 days, but that time increases significantly for repeat offenses.
Multiple offenses lead to much longer revocations. After a fourth conviction, the state revokes your license for five years. In some cases, you may apply for limited driving privileges after serving a minimum period, but this is not guaranteed.
First Offense
- • 90 days to 1 year suspension
- • Enhanced: Test refusal: 1 year suspension
Second Offense
- • 1 to 2 years suspension
- • Enhanced: Test refusal: 2 years suspension
Third Offense
- • 3 to 5 years suspension
- • Enhanced: Test refusal: 5 years suspension
Fourth+ Offense
- • Lifetime revocation
- • Enhanced: Test refusal: Lifetime revocation
Serious OWI Offenses in Indiana
Indiana treats OWI-related fatalities as serious felonies. OWI manslaughter can carry up to 15 years in prison and a substantial fine. If the driver flees the scene, the charge becomes even more severe.
Vehicular homicide follows a similar pattern. These cases demonstrate how Indiana distinguishes common OWI charges from those involving loss of life. The legal consequences reflect the permanent damage caused by one reckless decision.
OWI Manslaughter
- Second degree felony
- Up to $10,000 fine and/or 15 years imprisonment
Vehicular Homicide
- Second degree felony
- Up to $10,000 fine and/or 15 years imprisonment
Indiana Ignition Interlock Law and Device Guidelines
Indiana law mandates ignition interlock devices for certain OWI convictions. The requirements vary based on the offense level and blood alcohol content at the time of arrest. First-time offenders with a BAL of 0.15 or higher must install an ignition interlock device for one year, while those with lower BAC levels require six months.
Repeat offenders face mandatory ignition interlock requirements ranging from two to four years, depending on their BAL and conviction history. The device must be installed by a state-approved provider and requires regular maintenance and monitoring.
All costs associated with the ignition interlock device, including installation, monthly monitoring fees, and removal, are the responsibility of the offender. Tampering with or circumventing the device constitutes a separate criminal offense.
For complete statutory language and the most current information, please refer to:
Indiana Code 9-30-5-2Indiana Bureau of Motor Vehicles (BMV)
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