Indiana OWI Laws: Penalties, BAC Limit & License (2026)

In Indiana the offense is called operating a vehicle while intoxicated (OWI), and Indiana Code 9-30-5 makes it a crime to drive with a blood alcohol concentration (BAC) of 0.08 percent or more. A first OWI is usually a Class C misdemeanor punishable by up to 60 days in jail and a $500 fine, and the Indiana BMV can suspend the license for up to 180 days.

This guide is part of our DUI Laws by State series.

What counts as an OWI in Indiana

Indiana's core OWI statute, Indiana Code 9-30-5-1, creates a per se offense: it is unlawful to operate a vehicle with a BAC of at least 0.08 percent but less than 0.15 percent, which is a Class C misdemeanor, while a reading of 0.15 percent or more is a Class A misdemeanor. A separate provision, IC 9-30-5-2, lets the state charge a driver who is actually intoxicated by alcohol or a controlled substance even when no specific BAC is proven, so a person under 0.08 can still be convicted on evidence of impairment. Commercial drivers face a 0.04 percent limit, and drivers under 21 fall under Indiana's zero-tolerance rule in Indiana Code 9-30-5-8.5: operating with a BAC of at least 0.02 percent but less than 0.08 percent is a Class C infraction, a civil violation rather than a crime, and the court may recommend a license suspension of not more than one year. At 0.08 percent or more, a driver under 21 is charged under Indiana Code 9-30-5-1 like any other driver. The 0.08 figure is the federal benchmark adopted by every state except Utah, which sets its limit at 0.05 percent, as the National Highway Traffic Safety Administration explains.

First-offense OWI penalties in Indiana (jail, fines, suspension)

A first OWI at 0.08 to under 0.15 percent is a Class C misdemeanor under Indiana Code 9-30-5-1, which carries up to 60 days in jail and a fine of up to $500. If the BAC is 0.15 percent or more, the offense is a Class A misdemeanor punishable by up to one year in jail and a fine of up to $5,000. Indiana does not impose a mandatory minimum jail term for a standard first OWI, so courts commonly grant probation in place of jail, often with conditions such as a substance-abuse evaluation, a victim-impact program, and community service. Separately, the Indiana BMV suspends the driving privilege for up to 180 days when a driver fails a chemical test. Reinstatement requires paying fees and, in many cases, filing proof of financial responsibility (an SR-22) and completing any court-ordered programs.

Watch out: The BMV license action and the criminal court case run on separate tracks. You can resolve the criminal case and still face a suspension through the BMV, and a refusal of the chemical test triggers its own administrative suspension that is separate from any conviction.

Ignition interlock requirements in Indiana

Indiana does not impose an automatic ignition interlock requirement on every first OWI, which sets it apart from states that mandate the device for all offenders. Instead, the device is tied to specialized driving privileges. As the Indiana BMV describes, a court may grant specialized driving privileges that let a suspended driver continue to drive for work and other essential purposes, and the court may require installation of a certified ignition interlock device as a condition of those privileges. A driver who refused the chemical test may still obtain specialized driving privileges only if it is the first refusal, the driver installs an interlock, and the court finds it serves the interests of justice. The device requires a breath sample before the engine starts and at random points during a trip, and it logs each reading.

License suspension and the administrative process in Indiana

Indiana runs an administrative suspension and a court process at the same time. The Indiana BMV suspends the driving privilege for up to 180 days when a driver fails a chemical test, and for up to two years when a driver refuses one. This administrative suspension is based on the arrest and the test result, separate from whether the criminal case ends in a conviction. If the court later convicts the driver, it can impose its own suspension, which the BMV administers. To keep driving during a suspension, many drivers petition the court for specialized driving privileges, which require an SR-22 on file and a copy of the court order carried in the vehicle. Reinstatement generally requires paying BMV fees, satisfying any court conditions, and maintaining the required insurance filing.

Repeat offenses and the Indiana look-back period

Indiana counts prior OWIs within a 7-year look-back window, so penalties escalate sharply for an offense inside that period. A second OWI within 7 years of a prior conviction is a Level 6 felony, punishable by 6 months to 2.5 years in prison with an advisory term of one year. Under Indiana Code 9-30-5-15, a driver with one prior OWI conviction faces a mandatory minimum of ten days in jail or 240 hours of community restitution or service, and that rises to 20 days or 480 hours for a driver with two or more prior OWI convictions. The court cannot suspend that sentence: at least 48 hours must be served consecutively, and the entire term must be served within six months of sentencing. The felony threshold is therefore the second offense within the 7-year window, which is unusual because most states do not reach a felony until the third offense. An OWI with a passenger under 18 in the vehicle is a Level 6 felony under Indiana Code 9-30-5-3(a)(2) only when the driver is at least 21 years old and the offense involves a BAC of 0.15 percent or more, a schedule I or II controlled substance in the blood, or operating in a manner that endangers a person; a first offense in the 0.08 to under 0.15 percent band with a child in the car is not enhanced by that provision. An OWI causing serious bodily injury or death is a felony regardless of the offense number, with longer prison exposure.

Watch out: Refusing a chemical test does not avoid a suspension and usually makes it longer. A first refusal results in a one-year suspension, longer than the up-to-180-day suspension for failing the test, and a refusal generally bars specialized driving privileges unless the court makes specific findings.

Refusing a breath or blood test in Indiana

Indiana's implied consent law, in Indiana Code 9-30-6, means that by driving in the state you have agreed to submit to a certified chemical test if an officer has probable cause to believe you are operating while intoxicated. Refusing the test results in a one-year license suspension, or a two-year suspension if you have a prior OWI conviction. The refusal suspension is administrative and applies on top of any criminal penalty, and the refusal can be admitted as evidence of intoxication at trial. Because the refusal suspension is longer than the suspension for failing the test, and because it generally blocks specialized driving privileges, refusing rarely helps. An officer can also seek a warrant to draw blood after a refusal.

Can you expunge or seal an OWI in Indiana

Indiana allows expungement of many OWI convictions under the state's Second Chance Law, Indiana Code 35-38-9. A misdemeanor OWI conviction generally becomes eligible five years after the date of conviction, while a Level 6 felony OWI generally requires waiting eight years, provided the person has paid all fines, fees, and restitution and has no pending charges. The court has discretion over felony petitions, and an offense that caused serious bodily injury or death may be barred from expungement. A successful petition seals or restricts public access to the record, though law enforcement and some agencies can still see it, and the OWI still counts as a prior for look-back purposes. A person is generally limited to one expungement petition in a lifetime.

What to do after an OWI arrest in Indiana

An Indiana OWI creates two matters at once: a criminal case in court and an administrative license action at the BMV. The deadlines move quickly, so a common early step is to address the BMV suspension and, if needed, petition the court for specialized driving privileges so you can keep driving. The criminal case proceeds on its own schedule from the initial hearing through pretrial and resolution. General information cannot tell you how your case will come out, because the outcome depends on the specific facts, your record, and the evidence. To keep driving while the case plays out, ask an Indiana OWI attorney about specialized driving privileges in a free consultation (attorney advertising). Keep the arrest paperwork, any notice of suspension, and the test results in a safe place.

More Indiana Laws

• Indiana Expungement Laws
• Indiana Warrant Search

Frequently Asked Questions

What is the BAC limit in Indiana?

The per se limit is 0.08 percent BAC under Indiana Code 9-30-5-1. Commercial drivers are limited to 0.04 percent, and for drivers under 21 a BAC of at least 0.02 but less than 0.08 percent is a Class C infraction under Indiana Code 9-30-5-8.5, a civil violation rather than a crime. A BAC of 0.15 percent or more raises a first OWI to a Class A misdemeanor.

How long do you lose your license for a first OWI in Indiana?

The BMV can suspend the license for up to 180 days when a driver fails a chemical test on a first OWI. A conviction can add a court-ordered suspension, and refusing the test triggers a separate one-year suspension.

Is a first OWI a felony in Indiana?

No. A first OWI is a misdemeanor: a Class C misdemeanor at 0.08 to under 0.15 percent, or a Class A misdemeanor at 0.15 percent or more. A second OWI within 7 years becomes a Level 6 felony.

Do you need an interlock for a first OWI in Indiana?

Not automatically. An ignition interlock device is usually required only as a condition of specialized driving privileges, which let a suspended driver keep driving for work and essential needs during the suspension.

What happens if you refuse a breathalyzer in Indiana?

Under implied consent, refusing the test triggers a one-year license suspension, or two years if you have a prior OWI conviction. The refusal can be used as evidence at trial and generally blocks specialized driving privileges.

How long does an OWI stay on your record in Indiana?

An OWI conviction stays on your criminal record permanently unless it is expunged. For enhancement, Indiana uses a 7-year look-back, so a prior OWI within 7 years can raise a later offense to a felony.

Can you get an OWI expunged in Indiana?

Often yes. Under Indiana Code 35-38-9, a misdemeanor OWI is generally eligible five years after conviction and a Level 6 felony OWI after eight years, if you meet the requirements. Cases involving serious injury or death may be barred.

What is the look-back period for OWI in Indiana?

Indiana uses a 7-year look-back period. A second OWI within 7 years of a prior conviction is charged as a Level 6 felony, and under Indiana Code 9-30-5-15 a driver with one prior OWI conviction faces a mandatory minimum of ten days in jail or 240 hours of community restitution or service.