DUI Reference Guide

Indiana OWI Laws

Indiana refers to driving under the influence as operating while under the influence (OWI).  There are two ways that a person can be charged if they are driving while under the influence of alcohol or another intoxicant.  They can be charged with an OWI if their blood alcohol content (BAC) is at or exceeds 0.08%.  According to the OWI laws, anyone driving with this BAC is in fact operating a vehicle while intoxicated.  It does not matter much if they are visibly drunk or under the influence. 

An individual can be charged with an OWI even if their BAC has not met or exceeded the legal limit.  This occurs in circumstances when a driver's abilities were affected by the influences of alcohol or other substances.  A police officer can pull someone over if they see any signs that the individual might be intoxicated.  They can also require a driver to have chemical testing to evaluate their BAC.

Sometimes a person will attempt to refuse taking a test to reveal their BAC.  Anyone who does so will be given a one year license suspension. On top of that suspension, the person will have their license revoked for 180 days according to the administrative license statue.  However, a hardship license is available after 30 days.  This special license can help those who need to drive for their jobs, school and other valid reasons.   

Those who have been arrested for an OWI and know that they are guilty, might want to consider a plea.  A guilty plea saves the court system time and money.  However, a guilty plea can also save an individual from missing a great deal of work for their court case.  Those who take a plea bargain might also receive less stringent penalties for taking responsibility for their OWI from the beginning.  It is important to remember that a person should never enter a plea with the court until they have requested the assistance of an attorney who will be better able to guide them.   

There are penalties applied to an OWI conviction.  An OWI for the first time will lead a person to lose their license for up to two years.  The minimum loss is set at 90 days.  This penalty is separate from the one imposed by the administrative license rules.   The first time offender could spend as much as $5000 in fines and one year in jail.  If an individual was arrested according to the per se law (BAC above 0.08%) they could pay $500 in fines with the potential to serve 60 days in jail. 

For a first time offense, a BAC of 0.15% and higher does not generally result in any additional penalties.  However, there are some courts that will impose more time served for those high levels.  The greater penalties result from such elevated blood alcohol content. 

An individual committing a second offense will be charged with a felony unless the last conviction was than five years ago.  It is possible for a person to receive a reduced sentence and face the same penalties as an OWI offense the first time.  Their license could be revoked for two years or at the very least 180 days.  A ten year license suspension would result from a third conviction. 

Convicting someone of an OWI who did not reach the legal limit of 0.08% is sometimes tricky.  The court must provide that the individual was not in the proper capacity to drive due to their intoxication.  If their driving was reckless, their speech was slurred or they were swaying when evaluated by a police officer, there is greater evidence that the person was in fact intoxicated.  If they did not appear to be physically or mentally capable of driving safely, the police officer will provide this information in court. 

An OWI arrest can result in serious consequences.  Anyone considering a plea of guilty for an OWI should retain an attorney.  Their lawyer can help them to decide if a plea is the right option for their case.  If an individual is going to have their day in court, they should also consult the help of an attorney.  Knowing all the aspects of OWI laws is not an easy task.  Find a lawyer who is well versed in this area of law.