Protecting Your Rights In Indiana Since 1915

How OWI penalties become escalated in Indiana 

On Behalf of | Jul 26, 2024 | Criminal Defense

In Indiana, it is illegal to operate a motor vehicle while intoxicated. Anyone who has been using alcohol needs to be aware of the legal limit for blood alcohol concentration. If they cross this line – generally 0.08% – the court can presume that they were impaired behind the wheel.

The more times that this happens, the more strict the penalties become. Let’s take a quick look at how this works under Indiana law:

A first offense

For a first offense on OWI charges, you could face fines of up to $5,000 and you may have to pay court costs and fees of $300. You could be sentenced to as long as one year behind bars, and your driver’s license could be taken away for two years. These are maximum penalties, so fines and jail time could be less, depending on what the judge decides.

A second offense

For a second offense, however, there is a minimum mandatory jail time of five days, and it could be as long as three years. The fine may double what you would expect for a first offense — and could be as high as $10,000. A driver’s license suspension has to last for a minimum of 180 days, but it could last for 24 months.

A third offense

If you’re facing a third offense, the fine stays at a maximum of $10,000, and time behind bars is a maximum of three years. But there is a minimum jail time of 10 days, and a license suspension has to last for at least 12 months. It could be up to 10 years.

As you can see, it’s very important to understand all of your legal defense options, especially when facing subsequent charges for drunk driving. Experienced legal guidance can help.