DUI Laws in Indiana: Penalties, BAC Limits & License Suspension

In Indiana, a drunk- or drugged-driving charge is called Operating While Intoxicated (OWI) — not "DUI" or "DWI." It's governed by Indiana Code Title 9, Article 30, Chapter 5. The standard per se limit is a blood alcohol concentration (BAC) of 0.08%, but if you were arrested you may be facing a much faster deadline than your criminal court date: Indiana suspends driving privileges through the court at your initial hearing, and if you want to keep driving while the case is pending you generally have only about 10 days from that initial hearing to file for specialized driving privileges and keep the suspension stayed. Miss it, and the suspension proceeds automatically. Read the section below on the administrative suspension before anything else.

What an Indiana DUI Is Called, and Why the Name Matters

Indiana law uses "Operating a Vehicle While Intoxicated," abbreviated OWI. You may see it written as OVWI in older documents or court forms, but OWI is the term used in the current statute (IC 9-30-5) and by Indiana courts. If you're researching your case, search for "OWI," not "DUI" — Indiana's statute, court forms, and BMV records all use OWI.

Indiana's BAC Limits

• 0.08% — standard adult limit. This is the nationwide per se threshold; Indiana codifies it at IC 9-30-5-1(a).
• 0.15% — the "aggravated" threshold. Indiana treats a BAC of at least 0.15% as a more serious offense than a BAC between 0.08% and 0.15%: the lower range is a Class C misdemeanor, while 0.15% or higher is charged as a Class A misdemeanor with steeper maximum penalties.
• 0.04% — commercial driver's license (CDL) limit. This federal-derived limit applies to anyone operating a commercial motor vehicle, and Indiana enforces it as an OWI offense.
• 0.02% — Indiana's zero-tolerance limit for drivers under 21. Under IC 9-30-5-8.5, a driver under 21 with a BAC of at least 0.02% but under 0.08% commits a Class C infraction (not a crime) and faces a fine and license suspension of up to a year. A driver under 21 with a BAC of 0.08% or higher is charged with standard adult OWI, not the infraction.

Confirm the current statutory language before relying on any of these numbers for a specific case — cross-reference IC 9-30-5 through Indiana's General Assembly site or ask the court.

Implied Consent and Refusing a Chemical Test

By driving in Indiana, you've impliedly consented to a chemical test (breath, blood, or urine) if an officer has probable cause to believe you were operating while intoxicated (IC 9-30-6). Refusing the test is not a way to avoid consequences:

• First refusal: automatic driving-privilege suspension of one year.
• Refusal with a prior OWI conviction on record: suspension of two years.
• Refusal suspensions generally are not eligible for the specialized (hardship) driving privileges that are available for some other OWI-related suspensions.
• Your refusal itself can be used as evidence against you at trial.

Refusing does not make the case go away — it adds its own, separate suspension on top of whatever happens in the criminal case.

The Administrative Suspension: Indiana's Time-Critical Deadline

This is the part people miss. In many states, a driver requests a separate DMV hearing after arrest. Indiana handles it differently but the urgency is the same or greater:

• When the arresting officer's probable-cause affidavit shows you failed or refused a chemical test, the court is required to suspend your driving privileges at your initial hearing (the first court appearance after arrest) if it finds probable cause — this happens before any conviction.
• The court notifies the Indiana Bureau of Motor Vehicles (BMV), which processes the suspension on your driving record.
• If you indicate at the initial hearing that you intend to seek specialized driving privileges, the court can stay that suspension for a short period — but you generally must obtain the required financial-responsibility (SR-22) coverage and file the petition within about 10 days after the initial hearing. If you don't act inside that window, the stay ends and the suspension takes full effect.
• This probable-cause suspension can last up to 180 days or until your case is resolved, whichever is first — separate from any suspension imposed if you're later convicted.

Because this deadline runs from your first court date, not from your conviction, talk to a lawyer immediately after arrest — ideally before or at your initial hearing. Confirm the current deadline and procedure with the court handling your case or the BMV, since court rules and forms can change.

First-Offense OWI Penalties

Indiana does not publish a single fixed fine or jail number that applies to every case — actual penalties depend on your BAC, the specific charge, and the judge. In general terms for a first offense with no prior OWI on record:

• License suspension: courts have suspended first-offense driving privileges for periods commonly cited in a range of roughly 90 days up to two years, with the exact length left to the judge's discretion within statutory limits.
• Ignition interlock device (IID): Indiana does not automatically require an IID for every first offense, but a court can order one — including as a condition of getting specialized (restricted) driving privileges during a suspension — and it becomes more likely to be ordered at higher BAC levels or in a plea agreement.
• Jail and fines: a standard first-offense OWI (BAC 0.08–under 0.15) is a Class C misdemeanor; a BAC of 0.15% or higher is a Class A misdemeanor with a higher maximum jail term and fine. Do not rely on a specific dollar figure or day count you find online — misdemeanor fine and jail ranges change with legislative updates, so confirm the current maximums for your charge level with the court or a local defense attorney.
• Commercial driver's license (CDL): a first OWI conviction — even in a personal vehicle — commonly leads to a CDL disqualification, with a longer disqualification if the violation happened while transporting hazardous materials.

Lookback Period: How Long a Prior OWI Counts

Under IC 9-30-5-3, a prior OWI conviction counts toward enhancing a new charge if it occurred within seven years immediately before the new offense. A prior conviction older than seven years generally does not trigger the felony-enhancement provisions of that section, though it may still be considered at sentencing. Verify the current lookback figure before assuming how a specific prior will be treated — this is exactly the kind of number that gets amended.

When an OWI Becomes a Felony in Indiana

Several circumstances can elevate an OWI from a misdemeanor to a felony under Indiana law:

• A prior OWI conviction within the seven-year lookback — this typically elevates the new offense to at least a Level 6 felony.
• A passenger under 18 years old in the vehicle at the time of the offense can also elevate the charge.
• Causing serious bodily injury to another person while operating while intoxicated is a felony-level offense.
• Causing the death of another person while operating while intoxicated is charged at an even higher felony level, with the exact level depending on factors like BAC and prior record.

The exact felony class in injury or death cases depends on specific facts (BAC level, prior convictions, and other statutory factors) that change how the charge is filed — do not assume a specific felony level applies to any case without confirming the current statute or speaking with a defense attorney.

What to Do After a DUI/OWI Arrest in Indiana

1. Note your arrest date and your court date immediately. Indiana's administrative suspension process runs from your initial hearing, not from your conviction — the window to file for a stay through specialized driving privileges is short (about 10 days after the initial hearing). Don't wait to deal with this until you're preparing for trial.
2. Contact a lawyer before your initial hearing if at all possible. Whether to request specialized driving privileges, and how, is time-sensitive and procedural.
3. Get a copy of the probable-cause affidavit and any suspension order given to you by the officer or the court, and keep it with you — Indiana requires proof of an active specialized driving privilege order to be carried in your vehicle if one is granted.
4. Do not drive on a suspended license while your case is pending unless a court has granted you specialized driving privileges — driving during a refusal-based suspension in particular is generally not exempted.
5. Confirm insurance and financial-responsibility requirements with the BMV, since specialized driving privileges typically require proof of future financial responsibility (SR-22).
6. Track the seven-year lookback if you have a prior OWI — it affects both your suspension exposure and whether the new charge could be filed as a felony.
7. Verify every deadline and number in this article against the current Indiana Code (Title 9, Article 30) or with the Indiana BMV and the court where your case is filed, since procedures and statutory penalties are periodically updated by the legislature.

This article is general legal information about Indiana law, not legal advice for your specific situation. If you've been arrested for OWI in Indiana, consult a licensed Indiana attorney promptly given the short deadlines involved.