Indiana defines operating a motor vehicle while intoxicated as driving with blood alcohol content of at least 0.08%. If you drive on the state’s roads, you must consent to a blood test or breath test if asked to do so by law enforcement.
Learn about the possible legal penalties of an Indiana OWI conviction.
No OWI history
If you have no previous OWI convictions, you could receive:
- Mandatory OWI victim impact panel attendance
- $300 in court costs
- Fines of up to $5,000
- Substance abuse education at your cost
- Probation
Some first-time offenders may qualify for wet reckless charges, which describes reckless driving with the involvement of drugs or alcohol.
One previous OWI
For a second OWI in Indiana, the penalties are the same as for the first OWI but also include:
- At least five days and up to three years in jail
- Fines of up to $10,000
- License suspension for 180 days to two years
- Community service
Habitual OWI offenses
Indiana designates this category for a third or subsequent OWI conviction. In addition to the other OWI penalties, you could receive:
- At least one year and up to eight years in prison
- License suspension for one to 10 years
You can also receive OWI charges in Indiana for operating a vehicle while under the influence of any drug. If the officer arrests you for OWI, he or she will handcuff you and take you to the local police precinct. You must stay in custody until posting bail and pay for the search and seizure of your car.