Drink Driving in Indiana:
Generally, a drunk driving offense based on blood alcohol level—as opposed to the driver’s level of impairment—is known as a “per se” OWI. The amount of alcohol a person must drink to reach the legal limit depends on a number of factors, including gender, body size, and number and strength of drinks.
Our BAC calculator and BAC table can give you an estimate of where your BAC might be at after a certain number of drinks. However, these are just approximations that don’t take into consideration all the factors that can affect BAC. If you’ve been drinking, don’t get behind the wheel.
Indiana OWI penalties vary based on the circumstances of the case. But the range of allowable penalties depends, in large part, on the number of prior convictions the defendant has.
In Indiana Drink Driving in Indiana, an OWI conviction will stay on your record and count as a prior forever. However, an OWI becomes a felony (as opposed to a misdemeanor) if the offender has priors within the past five years. Here is what the potential sentences generally look like for a first, second, and third misdemeanor OWI.
Up to 60 days (or up to 1 year with BAC of .15% or more)Up to 60 days (or up to 1 year with BAC of .15% or more)
| 1st Offense | 2nd Offense | 3rd Offense | |
| Jail | Up to 60 days (or up to 1 year with BAC of .15% or more) | Up to 60 days (or up to 1 year with BAC of .15% or more) | |
| Fines | Up to $500 (or up to $5,000 with BAC of .15% or more) | Up to $500 (or up to $5,000 with BAC of .15% or more) | Up to $500 (or up to $5,000 with BAC of .15% or more) |
| License Suspension | Typically, 180 days | At least 1 year | At least 1 year |
| Ignition Interlock Device (IID) | Up to 60 days (or up to 1 year with BAC of .15% or more) | Up to 60 days (or up to 1 year with BAC of .15% or more) |
Anyone convicted of a felony OWI is looking at six months to two and a half years imprisonment and up to $10,000 in fines.
