{"id":373311,"date":"2016-03-31T21:35:17","date_gmt":"2016-04-01T02:35:17","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/indiana-law\/what-are-the-indiana-owi-laws.html"},"modified":"2024-01-27T22:56:48","modified_gmt":"2024-01-28T03:56:48","slug":"what-are-the-indiana-owi-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/indiana-law\/what-are-the-indiana-owi-laws.html","title":{"rendered":"Indiana OWI Laws"},"content":{"rendered":"\n
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Indiana OWI Laws<\/h1>\n
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\n By Amy Vandervort-Clark, J.D.<\/a> | Legally reviewed by Melissa Bender, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Drugged and drunk driving is among the most common crimes committed in the United States. It can take the lives of the driver, passengers, other motorists, and pedestrians. That is why Indiana and other states have enacted severe penalties for driving under the influence (DUI<\/a>). Indiana law refers to a DUI as "operating while intoxicated" or OWI. The acronyms are interchangeable.<\/p>\r\n

Indiana OWI or DUI law imposes steep fines, driver’s license suspension, and jail time, even for a first offense. You must attend a victim impact panel and other sanctions.<\/p>\r\n

The penalties are severe because the stakes are so high, involving the lives of everyone who uses public roadways. Knowing the blood alcohol concentration (BAC) limits will help you avoid an OWI. The following information will help you understand the law and what to expect with an impaired-driving charge in Indiana.<\/p>\r\n\r\n

Blood Alcohol Concentration (BAC) Limits and Implied Consent<\/p>\r\n<\/th>\r\n<\/tr>

"Per se" BAC limit<\/a><\/td>\r\n0.08%<\/td>\r\n<\/tr>
Zero tolerance (underage) BAC limit<\/a><\/td>\r\n0.02%<\/td>\r\n<\/tr>
Enhanced penalty (aggravated) BAC limit<\/a><\/td>\r\n0.15%<\/td>\r\n<\/tr>
Implied consent<\/a> to submit to BAC test?<\/td>\r\nYes, one-year license suspension for refusal<\/td>\r\n<\/tr>
 <\/td>\r\n<\/tr>

Select Penalties<\/p>\r\n<\/th>\r\n<\/tr>

Minimum license suspension or revocation<\/a> (first, second, third offense)<\/td>\r\n30 days to two years\/180 days to two years\/one to 10 years<\/td>\r\n<\/tr>
Mandatory alcohol education, assessment, and treatment<\/a><\/td>\r\nBoth<\/td>\r\n<\/tr>
Vehicle confiscation<\/a> possible?<\/td>\r\nYes<\/td>\r\n<\/tr>
Ignition interlock device<\/a> possible?<\/td>\r\nYes<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

Disclaimer: <\/b>State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s).<\/i><\/p>\r\n

Indiana Operating a Vehicle While Intoxicated Laws<\/h2>\r\n

Indiana defines OWI as operating a vehicle when your blood alcohol concentration (BAC) is 0.08% or more. The legal limit for commercial drivers is 0.04%. This is Indiana’s per se OWI law. A per se law<\/a> is a set BAC limit at which the law says you are too intoxicated to drive. Law enforcement will arrest you on DUI charges. Police don’t need more evidence of your impairment to prove their case against you.<\/p>\r\n

You also face an OWI charge if you are operating a vehicle while under the influence of a Schedule I<\/a> or Schedule II<\/a> controlled substance or its metabolite. A controlled substance can be a lawfully prescribed medication. It can also be an illegal drug, like methamphetamine or cocaine.<\/p>\r\n

If a police officer suspects you are driving impaired and your BAC is below the 0.08% legal limit, they can still arrest you on suspicion of OWI. The officer needs evidence that you are too intoxicated to drive. This may come from the officer’s observations of your driving, behavior during the traffic stop, and performance during field sobriety testing.<\/p>\r\n

Vehicles can include motorcycles, all-terrain vehicles, and farm equipment.<\/p>\r\n

Implied Consent Law<\/h3>\r\n

If police suspect you of driving under the influence of alcohol or drugs, they will ask you to take field sobriety tests<\/a> and chemical tests. Chemical tests include a preliminary alcohol screening to gauge the amount of alcohol in your system. This is typically a Breathalyzer or breath test. A formal breath test at the police station and blood, urine, or saliva tests can follow this.<\/p>\r\n

Under Indiana’s implied consent law, you have already consented to chemical tests by driving on Indiana roads. You may refuse to submit to chemical testing. There are penalties for a refusal. You will lose your driving privileges for up to two years and are ineligible for a restricted license. The officer will immediately take your license, and the court will notify the BMV of your refusal. This license suspension is independent of any you may receive if convicted of OWI.<\/p>\r\n

If you refuse chemical testing, police can still arrest you based on other evidence that you were driving while intoxicated.<\/p>\r\n

Roadside Oral Fluid Program<\/h3>\r\n

In 2020, Indiana distributed nearly 70 new roadside oral fluid testing<\/a> machines to law enforcement agencies across the state. The handheld device, called SoToxa, can test for six types of commonly abused drugs through an oral swab. SoToxa can identify the presence of:<\/p>\r\n