Indiana DUI/OWI Penalties

Drunk driving in the state of Indiana is a serious offense, which may result in a number of penalties ranging from fines, jail time, community service, and so on.

First of all, a DUI in Indiana is commonly called an OWI (which is short for Operating While Intoxicated), yet the two terms can be used interchangeably. An OWI/DUI case in Indiana may be prosecuted under one of two theories. The first follows the concept that an individual who is driving under the influence of an intoxicant (alcohol, drugs, or both) is considered to be impaired from safely driving a motor vehicle.

The second theory follows the state of Indiana’s OWI “per se” law, which states that if an individual is driving with a blood alcohol level (BAC) of .08 percent or higher, that individual can be considered legally intoxicated and thus not able to properly operate a vehicle. It is key to note though, that while DUI cases in Indiana are generally considered to be misdemeanors, the penalties for a drunk driver increase dramatically if they have a blood alcohol level of .15 percent or higher.

Furthermore, the penalties for a DUI offense increase substantially if the individual being charged is a repeat offender. Indiana has a “habitual substance offender” law, which means an offense could yield up to eight additional years in jail if the offender has two or more prior OWI convictions.

First time offense

The penalties for a first offense may result in: probation, a license suspension, and a payment of the court case fees. In addition, if the offender had a blood alcohol level of .15 percent or higher he or she may receive a jail sentence (even though a first time offense is considered to be a misdemeanor).

Second time offense

A second offense may result in more stringent penalties, such as: a felony charge being imposed on the offender, jail time, driving privileges being suspended for at least six months, probation, temporary work on a road crew or performing public restitution, home detention, as well as payment of the court case fees.

Third time offense

The penalties for a “habitual substance offender” can be severe, as an offender may lose their license for a maximum of ten years, as well as be charged with a jail sentence of a minimum of three months or a maximum of nine months. The offender may also receive a lengthy probation and may qualify for drug or alcohol court.

While the penalties for a DUI in Indiana may seem a daunting, a skilled Indiana OWI lawyer can help an offender in avoiding or at least minimizing the extensive penalties for drunk driving. It is highly recommended that if you are arrested and charged for an OWI in the state of Indiana, that you contact a DUI defense lawyer immediately.