DUI and OWI Charges in Indiana

Introduction

Here in Indiana, driving under the influence of alcohol or drugs is a serious offense that can impact your life in multiple ways. Under our state law, both DUI (Driving Under the Influence) and OWI (Operating While Intoxicated) refer to the illegal act of operating a motor vehicle while impaired by substances that affect your ability to drive safely.

Indiana Code specifically defines operating a vehicle while intoxicated as driving with a blood alcohol concentration (BAC) of 0.08% or higher for adults, or with any amount of a controlled substance in your system. Even if you're cruising down I-465 with a BAC below the legal limit, you can still face charges if a Hoosier State trooper determines your driving ability is impaired.

Understanding these laws is crucial, whether you're a worried parent from Fort Wayne or a college student navigating weekend parties in Bloomington. The consequences of a DUI/OWI conviction stretch far beyond legal penalties to impact your education, employment opportunities, insurance rates, and personal reputation. One poor decision on the roads of Indianapolis or the rural highways of southern Indiana can result in life-altering consequences that follow you for years.

A DUI/OWI conviction in Indiana goes beyond legal penalties—it can permanently affect your driving privileges, career opportunities, education options, and financial stability for years to come.

According to Indiana Code Title 9. Motor Vehicles § 9-30-5-1, operating a vehicle while intoxicated includes driving with a blood alcohol concentration of at least 0.08, setting a clear legal standard for enforcement.

What Qualifies as DUI or OWI?

In Indiana, the terms DUI and OWI are often used interchangeably, but understanding the specifics of what constitutes these offenses is important. Our state troopers and local police officers are trained to spot signs of impairment through various observations and tests, leading to arrests even when drivers believe they're perfectly fine to drive home after a Colts game or a night out in Broad Ripple.

The law recognizes various forms of impairment—whether from alcohol, prescription medications, illegal drugs, or combinations of substances. Even those pain meds your doctor prescribed after your knee surgery can lead to OWI charges if they impair your ability to drive safely on Hoosier highways.

According to Operating While Intoxicated (OWI) Laws in Indiana, OWI includes driving under the influence of alcohol or drugs that impair cognitive abilities, making it synonymous with DUI in the state.

DUI vs. OWI in Indiana Law

In Indiana, OWI (Operating While Intoxicated) is the technically correct legal term used in our statutes, while DUI (Driving Under the Influence) is what most of us use in everyday conversation. From a practical standpoint, the terms refer to the same offense. Indiana law specifically addresses "operating" rather than just "driving" a vehicle, which broadens the scope to include having control of a vehicle even if it's not in motion—like sitting in your parked car with the engine running outside a Warsaw convenience store.

The law applies to all motor vehicles, including cars, motorcycles, boats on Lake Monroe, and even bicycles in some circumstances. Whether you're charged with DUI or OWI, the legal process and potential consequences remain the same under Indiana state law.

Signs of Impairment Recognized by Law Enforcement

Law enforcement officers look for specific indicators when determining whether a driver is impaired. These observations begin even before pulling a vehicle over and continue throughout the interaction. Initial driving behaviors that raise suspicion include:

• Weaving between lanes or straddling lane markers on SR-37
• Erratic braking or acceleration patterns
• Driving significantly below the speed limit, like going 45 mph on US-31
• Delayed responses to traffic signals or signs
• Nearly striking objects or other vehicles

During a traffic stop, officers document physical signs such as:

• Slurred speech or difficulty communicating
• The smell of alcohol or other substances
• Bloodshot or watery eyes
• Poor coordination or balance when exiting the vehicle
• Confusion or inability to follow simple instructions

Field sobriety tests further establish probable cause, including the walk-and-turn test, one-leg stand, and horizontal gaze nystagmus (eye movement) test. Your performance on these standardized tests, combined with officer observations, typically determines whether an arrest is made and chemical testing is requested.

Blood Alcohol and Drug Testing Thresholds

Indiana law establishes specific thresholds for blood alcohol concentration (BAC) that qualify as impaired driving. These limits vary based on driver classification and age, with stricter standards for those operating commercial vehicles on the Indiana Toll Road or who are under the legal drinking age.

Driver Category	BAC Limit	Key Consequence
Adult Drivers (21+)	0.08%	Per se intoxication
Commercial Drivers	0.04%	CDL disqualification for at least 1 year
Underage Drivers (<21)	0.02%	Zero tolerance violation
Any Driver (Aggravated)	0.15%+	Enhanced penalties and charges

Chemical testing may include breathalyzer tests, blood draws, or urine samples. Under Indiana's implied consent law, drivers automatically consent to chemical testing when they receive their driver's license. Refusing these tests can result in immediate license suspension, regardless of whether you're ultimately convicted of OWI.

According to Indiana Code § 9-30-5-1, drivers are considered intoxicated when their blood alcohol concentration reaches at least 0.08 grams per deciliter.

BAC Limits for Adults and Commercial Drivers

For most adult drivers in Indiana, the legal BAC limit is 0.08%. At this level, you're considered "per se intoxicated," meaning no additional evidence of impairment is required for an OWI charge. However, you can still be charged with OWI with lower BAC levels if your driving ability appears impaired—even if you've just had a couple beers watching the Pacers game.

Commercial driver's license (CDL) holders face stricter standards with a BAC limit of 0.04% when operating commercial vehicles. This lower threshold recognizes the increased responsibility and potential danger associated with operating larger vehicles like the semi-trucks you see daily on I-70 or I-65. For CDL holders, even a first-offense OWI can have devastating career consequences, including:

• Disqualification from operating commercial vehicles for at least one year
• Permanent disqualification for a second offense
• Potential loss of livelihood and career
• Difficulty finding future employment in the transportation industry

Additionally, a BAC of 0.15% or higher for any driver constitutes an aggravating factor that can result in enhanced penalties and charges.

Drugged Driving and THC Testing in Indiana

Unlike alcohol, where specific BAC thresholds define impairment, Indiana takes a zero-tolerance approach to controlled substances. Any detectable amount of a Schedule I or II controlled substance in your blood can result in OWI charges. This includes illegal drugs, non-prescribed medications, and even legally prescribed drugs if they impair your driving ability.

For marijuana detection, officers may use a combination of field sobriety tests and observations. If arrested, you may be subject to:

• Blood tests that can detect THC (the active component in marijuana)
• Urine tests that identify metabolites indicating recent use
• Saliva testing (becoming more common in roadside detection)

Unlike neighboring Michigan or Illinois with their relaxed marijuana laws, Indiana offers no exemption for medical marijuana users. Even if legally obtained in another state, crossing back into Indiana and operating a vehicle with THC in your system can result in OWI charges.

Cases involving multiple substances (such as alcohol combined with prescription medications or marijuana) often result in enhanced scrutiny and potentially more severe charges, as these combinations can significantly increase impairment levels.

Underage DUI Laws

Indiana takes a particularly strict approach to underage drinking and driving, implementing what's commonly called "zero tolerance" laws. These provisions reflect the understanding that young drivers face higher risks of accidents even with minimal alcohol consumption due to their limited driving experience and the physiological effects of alcohol on developing brains.

Underage DUI/OWI violations often trigger multiple legal issues simultaneously, including criminal charges, administrative license penalties, and potential academic consequences at high schools or universities like Purdue or IU. Parents should be aware that these penalties can significantly impact their child's future opportunities.

Zero-Tolerance BAC Rules for Drivers Under 21

For drivers under 21, Indiana sets the legal BAC threshold at just 0.02%—significantly lower than the 0.08% standard for adults. This minimal threshold effectively implements a zero-tolerance policy, as even a single drink before driving home from a house party in Fishers or Carmel can push a young person's BAC above this limit.

The 0.02% standard exists for several important reasons:

• It acknowledges that underage drinking is illegal in all contexts
• It eliminates arguments about "just having one drink"
• It accounts for possible margin of error in testing equipment
• It recognizes that younger drivers are more susceptible to impairment at lower BAC levels

According to Operating While Intoxicated Laws in Indiana, drivers under 21 must maintain a blood alcohol concentration below 0.02, establishing this strict standard for young drivers.

License Suspension and Fines for Underage Offenses

Underage DUI/OWI convictions typically result in more severe license suspensions than comparable adult offenses. The administrative and court-imposed penalties generally include:

Consequence	First Offense	Subsequent Offenses
License Suspension	At least 180 days, up to 1 year	1-2 years or more
Fines	$500-$5,000	$1,000-$10,000
Potential Jail Time	Up to 60 days possible	Increased likelihood and duration

Additionally, underage drivers face:

• Mandatory enrollment in alcohol education programs
• Potential community service requirements
• Probation and regular substance testing
• Insurance premium increases that may persist for years
• Possible impact on college admissions or scholarship eligibility

To reinstate a suspended license, underage drivers typically must complete all court-ordered programs, pay reinstatement fees (often $500 or more), provide proof of insurance, and may need to pass a driver's knowledge test again at your local BMV branch.

Penalties by Offense

Indiana's DUI/OWI penalties increase significantly with each subsequent offense, reflecting our state's effort to deter repeat behavior. The legal system takes into account both the number of prior convictions and the circumstances surrounding each incident when determining appropriate penalties.

In Indiana, repeat DUI/OWI offenses are treated with escalating severity—transforming from misdemeanors to felonies, with potential imprisonment, substantial fines, and long-term license suspensions that can fundamentally alter your life.

Judges have some discretion in sentencing, but Indiana law establishes clear minimum and maximum penalties for each offense level. Criminal penalties are separate from and in addition to administrative license suspensions imposed by the BMV.

According to Indiana Code Title 9. Motor Vehicles § 9-30-5-3, violations of OWI laws can result in a Level 6 felony if the person has a previous conviction, highlighting the escalating nature of penalties.

First, Second, and Third DUI Penalties

The progression of penalties reflects Indiana's increasing concern with repeat offenders, with significant jumps in potential consequences for each subsequent conviction:

Offense	Classification	Potential Jail Time	License Suspension	Fines
First Offense	Class C Misdemeanor (Class A with BAC ≥0.15%)	Up to 60 days (Up to 1 year if BAC ≥0.15%)	90 days to 2 years	$500-$5,000
Second Offense (within 7 years)	Level 6 Felony	180 days to 2.5 years	180 days to 2 years	$1,000-$10,000
Third Offense (or more)	Level 6 Felony (potential enhancement)	1-2.5 years (or more)	1-10 years	$1,000-$10,000

Additional consequences often include:

• Mandatory ignition interlock device installation (at driver's expense)
• Substance abuse evaluation and treatment
• Probation with regular monitoring
• Community service requirements
• Vehicle impoundment possibilities
• Significant insurance increases or cancellation

Felony convictions carry additional consequences beyond the immediate sentence, including potential impacts on employment, housing opportunities, gun rights, and voting rights in upcoming Indiana elections.

Enhanced Charges (Injury, Child Passenger, Refusal)

Certain factors significantly increase the severity of DUI/OWI charges in Indiana, potentially transforming even a first offense into a felony. These aggravating circumstances include:

• Causing bodily injury - OWI causing injury becomes a Level 6 felony with 180 days to 2.5 years imprisonment
• Causing serious bodily injury - Elevated to a Level 5 felony with 1-6 years imprisonment
• Causing death - Becomes a Level 4 felony with 2-12 years imprisonment
• Child passengers under 18 - Automatically enhances the charge to a Level 6 felony, even for first-time offenders
• Test refusal with prior conviction - Extends license suspension periods and may influence sentencing decisions
• Extremely high BAC (≥0.15%) - Elevates charges and extends license suspensions

These enhancements reflect society's particular concern about putting vulnerable individuals at risk or causing harm to others while impaired. Indiana prosecutors typically pursue these enhanced charges aggressively, and courts have limited leniency when these factors are present.

The presence of children in the vehicle during an OWI arrest may also trigger involvement from Department of Child Services, with potential implications for custody or parenting time in family court proceedings.

Treatment Requirements After DUI

Following a DUI/OWI conviction in Indiana, courts regularly order substance use evaluations and treatment as part of sentencing. These requirements serve multiple purposes: addressing potential substance use disorders, reducing recidivism, and sometimes offering alternatives to longer jail sentences or license suspensions.

The specific treatment requirements vary based on factors including offense severity, BAC level, prior history, and assessment results. Compliance with these programs is typically mandatory, with serious consequences for failing to complete them according to court orders.

Court-Ordered Addiction Assessments

Most DUI/OWI convictions in Indiana begin with a court-ordered substance use assessment. This evaluation is conducted by licensed professionals who determine whether alcohol or drug issues exist and recommend appropriate levels of intervention. The assessment generally includes:

• In-depth interviews about substance use history and patterns
• Standardized screening instruments measuring substance dependency
• Review of the offense details and prior record
• Consideration of other risk factors and personal circumstances

Assessment results directly influence sentencing and probation terms. The evaluation may recommend minimal intervention (like education classes) for first-time offenders with low BAC, or more intensive treatment for those with higher BAC levels, prior offenses, or identified substance use disorders.

While assessments are mandatory, you typically must pay for them yourself, with costs ranging from $100-$300 depending on the provider and assessment depth.

DUI Classes, Probation, and Rehab Referrals

Based on assessment results, courts order specific interventions that must be completed as part of your sentence or to regain driving privileges. Common requirements include:

• DUI/OWI Education Programs: Typically 10-20 hours focused on alcohol/drug impacts, legal consequences, and prevention strategies
• Outpatient Counseling: Individual or group sessions addressing substance use patterns and underlying issues
• Intensive Outpatient Programs (IOP): Multi-week programs requiring 9+ hours of weekly treatment
• Inpatient Rehabilitation: Residential treatment for those with severe substance use disorders or multiple offenses

Specific programs like Prime for Life or ADSI (Alcohol and Drug Services Intervention) are commonly mandated throughout Indiana. These structured curriculums cover the biological, psychological, and social impacts of substance use, while promoting personal responsibility and change.

During probation, you may be required to:

• Submit to random drug/alcohol testing
• Attend support group meetings (like AA/NA)
• Maintain sobriety as a condition of probation
• Meet regularly with probation officers to verify compliance

Courts may offer reduced sentences or alternative penalties for those who commit to more comprehensive treatment. If you're struggling with substance use, learn more about treatment options or explore specific DUI program requirements that may help address both your legal situation and underlying issues.