Indiana · OWI · Checked October 2026

OWI Laws in Indiana

What Happens if You Get an OWI in Indiana?

Indiana calls it OWI, and the legal limit for adult drivers is 0.08 blood alcohol content.

First offense jail: Up to 60 days (Class C misdemeanor); up to 1 year if BAC 0.15 or higher or the driving endangered a person (Class A misdemeanor)
First offense fine: Up to $500 (Class C misdemeanor); up to $5,000 (Class A misdemeanor)
First offense license: The court may suspend driving privileges for up to the maximum jail term for the offense
Felony: An OWI is a Level 6 felony when you have a prior OWI conviction within the previous 7 years, or when a driver 21 or older has a passenger under 18 (with BAC 0.15+, a controlled substance, or endangerment); a prior OWI causing injury or death makes it a Level 5 felony

Researched and checked by the DUI Help Editorial Team ·October 3, 2026

Indiana OWI Laws: Key Facts

Legal limit (adults): 0.08 BACIC 9-30-5-1; IC 9-30-5-8.5; IC 9-24-6.1-6
Commercial drivers (CDL): 0.04 BAC
Drivers under 21: 0.02 BAC (a driver under 21 with 0.02 to under 0.08 commits a Class C infraction; the court may recommend a license suspension of up to 1 year)
Enhanced penalties from: 0.15 BAC
Lookback period: 7 years
Insurance filing: SR-22, 3 years following the end of the suspension after an OWI conviction
Sobriety checkpoints: Allowed

Indiana OWI Penalties by Offense

OWI penalties in Indiana for a first, second and third offense
Penalty	First offense	Second offense	Third offense
Charge	Class C misdemeanor (BAC 0.08 to under 0.15, or intoxicated); Class A misdemeanor (BAC 0.15 or more, or endangering a person)	Level 6 felony if the prior conviction was within 7 years; otherwise a misdemeanor	Level 6 felony if a prior conviction was within 7 years; habitual vehicular substance offender enhancement may apply
Jail	up to 60 days (Class C misdemeanor); up to 1 year if BAC 0.15 or higher or the driving endangered a person (Class A misdemeanor)	at least 5 days in jail or 240 hours of community service; a prior OWI conviction within 7 years makes it a Level 6 felony (6 months to 2.5 years)	at least 10 days in jail or 480 hours of community service; a Level 6 felony (6 months to 2.5 years) if a prior OWI conviction was within 7 years
Fine	up to $500 (Class C misdemeanor); up to $5,000 (Class A misdemeanor)	up to $10,000 as a Level 6 felony; otherwise the misdemeanor fine limits apply	up to $10,000 as a Level 6 felony
License suspension	the court may suspend driving privileges for up to the maximum jail term for the offense	at least 1 year when you have a prior OWI conviction	at least 1 year when you have a prior OWI conviction
Ignition interlock	the court may require an ignition interlock as a condition of specialized driving privileges	the court may require an ignition interlock as a condition of specialized driving privileges	the court may require an ignition interlock as a condition of specialized driving privileges

First offense: IC 9-30-5-1; IC 9-30-5-2; IC 35-50-3-2; IC 35-50-3-4; IC 9-30-16-1(c); IC 9-30-5-16 · Second offense: IC 9-30-5-15(a), (c); IC 9-30-5-3(a)(1); IC 35-50-2-7(b); IC 9-30-16-2(a)(3) · Third offense: IC 9-30-5-15(b); IC 9-30-5-3(a)(1); IC 35-50-2-7(b); IC 9-30-15.5-2

When Penalties Are Higher

BAC 0.15 or higher: Class A misdemeanor (up to 1 year and $5,000) instead of Class CIC 9-30-5-1(b); IC 35-50-3-2
driver 21 or older with a passenger under 18, while BAC 0.15 or more, with a schedule I or II controlled substance, or endangering a person: Level 6 felony (6 months to 2.5 years, up to $10,000)IC 9-30-5-3(a)(2); IC 35-50-2-7(b)
prior conviction for OWI causing serious bodily injury, death or catastrophic injury: Level 5 felony (1 to 6 years, up to $10,000)IC 9-30-5-3(b); IC 35-50-2-6(b)
causing serious bodily injury: felony under IC 9-30-5-4; license suspended at least 1 yearIC 9-30-5-4; IC 9-30-16-2(a)
causing death: felony under IC 9-30-5-5; license suspended at least 2 years with no specialized driving privilegesIC 9-30-5-5; IC 9-30-16-2(c)

More on Indiana OWI penalties · Estimate penalties for your situation

If You Refuse a Breath or Blood Test

license suspension of 1 year, or 2 years with a prior OWI conviction; refusal suspensions are not eligible for specialized driving privileges, though a court may order an ignition interlock instead of suspensionIC 9-30-6-9(b); IC 9-30-16-1(a)(2); IC 9-30-6-8(d)

Official source: if you refuse a breath or blood test in Indiana

Getting a Specialized Driving Privileges

File a verified petition in each court that ordered a suspension; the court sets the terms and length. If you tell the court at the initial hearing that you will petition, the suspension is stayed and you must file within 10 days; the hearing is set within 30 days. You must keep proof of future financial responsibility during the privileges. Not available for chemical test refusal suspensions or after a conviction for OWI causing death.

Official source: getting a specialized driving privileges in Indiana

Ignition Interlock

First offense: not mandatory by statute; the court may order it as a condition of specialized driving privileges or, before trial, as an alternative to suspension Repeat offenses: not mandatory by statute; same court discretion Interlock time under specialized driving privileges or a pretrial interlock order is credited toward the suspension.

Official source: ignition interlock in Indiana

Can an OWI Come Off Your Record?

available: misdemeanor OWI convictions (and Level 6 felonies reduced to misdemeanors) can be expunged; unreduced Level 6 felonies too, unless the felony caused bodily injury Waiting period: 5 years after conviction for a misdemeanor; 8 years after conviction for a Level 6 felony (earlier if the prosecutor consents in writing) Petition the court under IC 35-38-9; expunged records include BMV files.

Official source: can an owi come off your record? in Indiana

DUI Checkpoints

Sobriety checkpoints are allowed in Indiana. Legal basis: Used in state-funded enforcement programs run by the Indiana Criminal Justice Institute.

Official source: dui checkpoints in Indiana

Drivers Under 21

drivers under 21 with BAC of at least 0.02 but under 0.08 commit a Class C infraction Class C infraction; the court may recommend a license suspension of up to 1 year

Official source: drivers under 21 in Indiana

Driving After Using Drugs

yes: operating while intoxicated covers drugs, and driving with a schedule I or II controlled substance or its metabolite in the blood is a Class C misdemeanor (defenses for a valid prescription, and for marijuana metabolite when not intoxicated and no crash)

Official source: driving after using drugs in Indiana

More on OWI Law in Indiana

For the state's own guidance, see Indiana Criminal Justice Institute: Impaired Driving.

This page summarizes Indiana law from official sources, checked October 2026. It isn't legal advice; laws change, and a lawyer licensed in Indiana can advise on your case.

Frequently Asked Questions

What Is the Penalty for a First OWI in Indiana?

Jail: up to 60 days (Class C misdemeanor); up to 1 year if BAC 0.15 or higher or the driving endangered a person (Class A misdemeanor). Fine: up to $500 (Class C misdemeanor); up to $5,000 (Class A misdemeanor). License suspension: the court may suspend driving privileges for up to the maximum jail term for the offense.

When Is an OWI a Felony in Indiana?

an OWI is a Level 6 felony when you have a prior OWI conviction within the previous 7 years, or when a driver 21 or older has a passenger under 18 (with BAC 0.15+, a controlled substance, or endangerment); a prior OWI causing injury or death makes it a Level 5 felony

Do You Need an SR-22 After an OWI in Indiana?

Yes. How long: 3 years following the end of the suspension after an OWI conviction. An SR-22 is a form your insurer files with the state to prove you carry the required coverage.

Are DUI Checkpoints Legal in Indiana?

Yes. Legal basis: Used in state-funded enforcement programs run by the Indiana Criminal Justice Institute.