Indiana DUI Law Information
Drivers arrested for driving under the influence of alcohol or drugs (DUI) in Indiana may be charged with DUI and face jail time, fines, and a driver’s license suspension.
Indiana OWI/DUI defined
According to Indiana OWI laws it is illegal for a person to operate a vehicle “with an alcohol concentration equivalent to at least eight-hundredths (0.08) gram of alcohol” or to operate a vehicle if they have “consumed a controlled substance listed in schedule I or II of IC 35-48-2 or its metabolite.” Drivers can also be charged with DUI if they operate a vehicle while intoxicated with any amount of alcohol in their blood or breath if the consumption of the alcohol “endangers another person.”
Indiana Look Back period: Varies
Indiana uses different time limits – 5 or 10 years- to determine penalties. For example, if a second DUI offense occurred within 5 years of their first DUI charge drivers may be charged with a Class D Felony. But when determining whether a driver is a “habitual traffic offender” the BMV may use a 10 year look back period. Talk to a lawyer if you have questions about your possible penalties.
Criminal DUI Penalties in Indiana
First OWI/DUI offense:
(Class A or C Misdemeanor)
- 60 days up to one year in jail
- Fines of $500 up to $5000
- Driver’s license suspension for 90 days up to 2 years
- Up to 180 hours of community service
- Required to attend an alcohol abuse education course
- Mandatory attendance in a victim impact panel
- Required to submit to alcohol and/or drug testing
- Required to pay $300 or more in court costs and fees
Second OWI/DUI offense:
(Within 5 years)
Class D Felony
- 10 days up to 3 years in prison
- Fines up to $10,000
- License suspension for 180 days up to 2 years (if the first conviction was less than 5 years ago the suspension will be for at least one year)
- Required installation of an ignition interlock device as a requirement of an a probationary license reinstatement
- Required 360 hours of community service
- Required alcohol and drug evaluation
- Possibly required to attend a drug and alcohol education course
Third DUI offense:
(Class D Felony)
(Within 10 years of 2 prior DUI convictions)
- Jail time from 10 days up to 3 years
- Community service up to 360 hours
- Fines of $10,000
- Required alcohol education course and alcohol and drug assessment treatment program
- Potential installation of an ignition interlock device
- Court fines and penalties
- SR22 insurance policy required with reinstatement of license
- $300 license reinstatement fee
Administrative Penalties in Indiana
Drivers in Indiana have given their implied consent to submit to a chemical test if they have been arrested for DUI. Failure to consent to the required testing may result in administrative penalties, which are administered by the Indiana Bureau of Motor Vehicles (BMV), and are imposed regardless of whether the driver is ultimately convicted for DUI.
Drivers who submit to the chemical test but fail the test will have their license suspended for 180 days. Drivers who refuse to submit to the chemical test will have their license suspended for one year. Drivers who refuse to submit to a chemical test a second time will have their license suspended for 2 years without the option to request a restricted license.
To challenge an administrative suspension, drivers must request an administrative hearing within 10 days from the date of the OWI arrest by contacting the Indiana Bureau of Motor Vehicles.
Some drivers who have their license suspended through an administrative license suspension may be allowed to install an ignition interlock device and request a hardship license.