Indiana OWI Laws Explained

By Javier Marín, Editor·Last reviewed September 2026·How we check this

Indiana charges impaired driving under Indiana Code 9-30-5 as Operating While Intoxicated (OWI) — the state does not use the term DUI. An OWI arrest triggers two parallel processes: a criminal case under IC 9-30-5 in county court, and an administrative license suspension by the Indiana BMV under IC 9-30-6. Both move quickly, both have separate timelines, and both have to be addressed if you want the best possible outcome.

The legal threshold

Indiana's per-se OWI thresholds:

Adults 21+: 0.08% BAC (Class C misdemeanor base offense).
BAC 0.15% or higher: Class A misdemeanor "high-test" enhancement under IC 9-30-5-1(b).
Drivers under 21: 0.02% BAC (zero-tolerance Class C misdemeanor).
Commercial drivers (CDL): 0.04% BAC.
Boating, snowmobiles, off-road: 0.08% BAC under separate statute.

Indiana also charges OWI on impairment evidence below 0.08% under IC 9-30-5-2 — the "operating while intoxicated by alcohol or a controlled substance" subsection that does not require a specific BAC if the prosecution can prove impairment by other evidence.

The 180-day Administrative License Reinstatement (ALR)

After an OWI arrest where the BAC was 0.08% or higher (or the driver refused chemical testing), the arresting officer issues a notice of suspension that takes effect immediately. The BMV imposes:

180-day suspension for a chemical-test failure (BAC 0.08% or higher) on a first OWI.
One-year suspension for a chemical-test refusal on a first OWI.
Two-year suspension for a refusal on a second or subsequent OWI within 10 years.

The administrative suspension runs in parallel with any criminal case. Winning the criminal trial does not undo the administrative side, and vice versa. A driver may petition the court for Specialized Driving Privileges to maintain limited driving during the suspension period.

First-offense criminal penalties

A first OWI conviction under IC 9-30-5-1 typically produces:

Up to 60 days in jail (Class C misdemeanor) or up to 1 year in jail (Class A misdemeanor for high-test or aggravated cases).
Fines of $500 to $5,000 (Class C up to $500; Class A up to $5,000), plus court costs and fees.
A criminal license suspension of 6 months to 2 years, concurrent with the administrative suspension.
Mandatory completion of an Indiana-approved victim impact panel and a substance abuse evaluation.
Probation up to 1 year.
Possible ignition interlock device (IID) requirement on the offender's primary vehicle for the duration of any specialized driving privilege.
SR-22 insurance filing for 3 years — see Indiana car insurance.

Ignition Interlock Devices

Indiana requires an IID for any OWI offender granted Specialized Driving Privileges before the criminal suspension period has ended. The IID is paid by the driver (typically $70 to $130 per month plus a $100 install fee) and prevents the vehicle from starting if breath alcohol is detected. Failed tests are reported to the court, and a pattern of failures can revoke the SDP and impose the full original suspension. IID duration is 6 months minimum for first offenses and rises with subsequent offenses.

Aggravating factors

Penalties escalate when any of the following apply:

BAC at or above 0.15% (Class A misdemeanor instead of Class C).
A passenger under 18 in the vehicle (separate Level 6 felony of "Operating While Intoxicated with a Minor").
An accident with serious bodily injury (Level 5 felony, up to 6 years prison).
An accident causing death (Level 4 felony, up to 12 years prison; Level 3 if the driver had a prior OWI).
A prior OWI within 7 years (Level 6 felony enhancement on the second offense).
Driving on a license already suspended for OWI.

Repeat offenses

A second OWI within 7 years is a Level 6 felony, with a minimum 5-day jail sentence (or 240 hours community service), a 1- to 2-year license suspension, and mandatory IID. A third OWI within 10 years is a Level 5 felony with up to 6 years in prison and a Habitual Substance Offender enhancement available. Lifetime suspensions are possible after multiple felony OWIs.

Indiana's lookback for enhancement is 7 years for second-offense priors and 10 years for third-offense priors. Drivers under 21 face a separate underage-OWI enhancement, and the criminal record from any OWI conviction remains on the lifetime Indiana driving record.