Indiana · OWI · Checked October 2026

Indiana OWI Penalties: First, Second and Third Offense

Indiana OWI Penalties: What Are the Rules?

Indiana sets OWI penalties by offense, and they rise with each conviction.

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
Lookback period: 7 years

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

Indiana OWI Penalties by Offense

OWI penalties in Indiana
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

Other Second Offense Penalties in Indiana

alcohol and drug assessment and, if appropriate, a treatment program
the mandatory jail time cannot be suspended; at least 48 hours must be served consecutively and all of it within 6 months of sentencing

Official source: other second offense penalties (Indiana)

Other Third Offense Penalties in Indiana

alcohol and drug assessment and, if appropriate, a treatment program
habitual vehicular substance offender: with 3 or more prior convictions, or 2 with one within 10 years, the court adds 1 to 8 years of prison

Official source: other third offense penalties (Indiana)

When Penalties Are Higher in Indiana

BAC 0.15 or higher: Class A misdemeanor (up to 1 year and $5,000) instead of Class C
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)
prior conviction for OWI causing serious bodily injury, death or catastrophic injury: Level 5 felony (1 to 6 years, up to $10,000)
causing serious bodily injury: felony under IC 9-30-5-4; license suspended at least 1 year
causing death: felony under IC 9-30-5-5; license suspended at least 2 years with no specialized driving privileges

Official source: when penalties are higher (Indiana)

When an OWI Is 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 felonyIC 9-30-5-3

Official source: when an owi is a felony (Indiana)

How Far Back Prior Offenses Count in Indiana

7 years. a prior OWI conviction within the 7 years before the new offense makes it a Level 6 felony; mandatory minimum jail for repeat offenders counts all prior OWI convictions; the habitual offender enhancement uses 10 yearsIC 9-30-5-3(a)(1); IC 9-30-5-15; IC 9-30-15.5-2

Official source: how far back prior offenses count (Indiana)

More on OWI Law in Indiana

See the full overview of OWI laws in Indiana and read about first-offense DUI penalties across the states.

This page summarizes Indiana law from official sources, checked October 2026. It isn't legal advice; 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.

What Is the Penalty for a Second OWI in Indiana?

Jail: 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). Fine: up to $10,000 as a Level 6 felony; otherwise the misdemeanor fine limits apply. License suspension: at least 1 year when you have a prior OWI conviction.

When Is an OWI a Felony in Indiana?