Indiana DUI Laws
In Indiana, a person who operates a vehicle while under the influence of alcohol or drugs can be charged with OWI (also called DUI or DWI). There are a wide range of possible penalties, which will depend on several factors, including your OWI history and whether someone was injured or killed. With your future at stake, you should seek the advice of an Indiana OWI attorney to make sure you get the most accurate legal information and help in your case.
Indiana has diversion programs for eligible first-time offenders. The program will vary based on the court hearing the case but will likely involve a license suspension (30 days to one year) and participation in an alcohol treatment program. If the offender successfully completes the program the charges will be dismissed. If your case is not eligible for diversion (or you do not complete the program) then punishments may include fines, jail, probation, license suspension, substance abuse education and treatment, attendance at a victim impact panel, installation of an ignition interlock device and more. If your driver's license is suspended, you may be able to apply for a restricted license so that you can keep your job. For more information, contact an attorney who can advise you about your situation.
OWI cases involve knowledge of complex scientific and legal issues. An attorney will scrutinize the field sobriety testing, breathalyzer evidence, videotape evidence and police officer observations and may uncover defenses you were unaware of. Hiring a qualified Indiana OWI attorney who specializes in OWI can make a difference in the outcome of your case.
Indiana DUI/DWI (OWI) Laws and Penalties
State and federal laws in the United States are constantly changing. The following guide is intended solely for informational purposes and should not take the place of the advice of a lawyer. Only a qualified attorney can assess the merits of your case completely and provide an effective plan for counsel.
Blood Alcohol Content/Concentration ("BAC")
Indiana BAC laws may differ from those of other states, as follows.
| Indiana BAC Laws | |
| Per Se Violation | BAC of .08 or higher |
| "Zero Tolerance" (BAC for someone under 21) | .02 or higher |
| Commercial Driver's License Holder* | .04 or higher (while operating a commercial vehicle) |
| Implied Consent to Submit to a BAC Test |
|
Administrative License Suspension
Suspension by DMV: immediately following arrest for DUI/DWI; independent of court conviction and suspensions following a court conviction.
Time to file for appeal: You may be able to request a hearing at the DMV to appeal your license suspension, but the time limit for doing so is usually very short (within seven to 15 days after DUI/DWI citation).
| DUI/DWI Arrest | |
| 1st Offense | 180-day license suspension |
| "Zero Tolerance" (BAC for someone under 21) | 1-year license suspension |
| Administrative Hearing | Yes |
| Limited Privileges Possible | Yes |
| Refusal to Submit to BAC Test | |
| 1st Offense | 1-year license suspension |
| Subsequent Offenses | 2-year license suspension |
Criminal Court Conviction - Mandatory Fines and Penalties
(Penalties imposed by the criminal court system)
| First DUI/DWI Offense | |
| License Suspension | 90 days to 2 years (may have probationary license) |
| Prison Term and Community Service | 30 to 60 days (up to 1 year in jail for BAC of .15 or higher); possible community service |
| Fines, Fees, and Surcharges | Approx. $500 ($5,000 for BAC of . 15 or higher) or higher** |
| Vehicle Penalties |
|
| Drug and Alcohol Education, Assessment and Treatment | Possible alcohol education and treatment |
| Second DUI/DWI Offense (within 5 years of 1st offense) | |
| License Suspension | 90 days to 2 years (may have probationary license) |
| Prison Term and Community Service | 5 days to 3 years in jail; maybe community service |
| Fines, Fees, and Surcharges | Approx. $10,000 or higher** |
| Vehicle Penalties |
|
| Drug and Alcohol Education, Assessment and Treatment | Possible alcohol education and treatment |
| Third DUI/DWI Offense | |
| License Suspension | 1 to 10 years (may have probationary license) |
| Prison Term and Community Service | 10 days to 3 years in jail; maybe community service |
| Fines, Fees, and Surcharges | Approx. $10,000 or higher** |
| Vehicle Penalties |
|
| Drug and Alcohol Education, Assessment and Treatment | Possible alcohol education and treatment |
| Aggravating Factors that Can Alter DUI/DWI Penalties*** |
| Vehicular Manslaughter |
| Driving with Children in the Car |
| Higher BAC (above the enhanced penalty) |
| Zero Tolerance DUI/DWI |
| Driving While Under the Influence of Drugs |
| Out-of-State DUI/DWI Convictions |
| Reckless Driving/Accident |
*Restrictions can be placed on a commercial driver's license for any DUI/DWI (even those received while driving non-commercial vehicles).
**Includes only fines, fees, and surcharges imposed by the court upon conviction; excludes court costs, attorneys' fees, mandatory treatment costs, bail, and increased insurance.
***A variety of factors in your specific DUI/DWI situation can alter your penalties beyond what is set out in law. This chart lists some of these aggravating factors.
Sources: Insurance Institute for Highway Safety, Governors Highway Safety Association, Indiana Criminal Justice Institute