Indiana · OWI

Indiana OWI laws and penalties

Indiana's legal BAC limit is 0.08%. For a first offense, Indiana's statute provides jail of up to 60 days and a fine of up to $500. The license hearing, the ignition interlock rule and the statute behind every figure are below.

In Indiana the offense is called OWI (operating a vehicle while intoxicated). It is the offense most states call DUI.

Figures read from official pages on Oct 26, 2026.

Legal BAC limit: 0.08%; Standard US limit
Enhanced penalty BAC: 0.15%; Where the penalties step up
Zero tolerance (under 21): 0.02%; Limit for drivers under 21
Lookback period: 7 years; Prior OWI offenses that count

License hearing: no fixed request deadline

Indiana has no administrative hearing: the BMV suspends the license before trial, and the driver is entitled to a prompt judicial hearing in court (no number of days is set).

Ignition interlock at the judge's discretion

Higher BAC level. At 0.15 or more the offense is a Class A misdemeanor (up to 1 year and $5,000) instead of Class C (up to 60 days and $500).

Ignition interlock. The court may order an ignition interlock device.

Lookback. 7 years for the felony tier (a second offense within 7 years is a Level 6 felony); the mandatory minimum and the one-year suspension state no period.

0.08 to under 0.15 with no prior is a Class C misdemeanor (60 days, $500); 0.15 or more is a Class A misdemeanor (1 year, $5,000). A prior OWI conviction within 7 years makes the new offense a Level 6 felony (6 months to 2 1/2 years, up to $10,000). Any prior conviction triggers a mandatory minimum of 5 days (10 days from July 1, 2026) or community service. Under 21: 0.02 (a Class C infraction). The statute text is the 2022 print of the Indiana Code; the only later change known is H.E.A. 1249 (2026).

01Penalties

Indiana OWI penalties

Statutory ranges for standard OWI convictions (no accident, no minor in vehicle).

Indiana statutory OWI penalties, first and second offense
Penalty	1st offense	2nd offense
Jail (minimum)	None	10 days
Jail (maximum)	60 days	2 1/2 years
Fine (minimum)	No minimum	No minimum
Fine (maximum)	$500	$10,000
License suspension	Up to 60 days (court's discretion)	At least 1 year (court-ordered)

Statutory ranges only. Actual outcomes vary by county, judge, and attorney. Does not include court fees, surcharges, or program costs.

02Compare

How Indiana compares

Of the 49 states with a confirmed BAC limit, 48 (Indiana among them) use 0.08%; Utah has 0.05%.

On this site's reading of the statutes, of the 49 states with a confirmed rule, 21 require an ignition interlock after every first conviction, 18 in some cases and 8 leave it to the judge; 2 do not require one. Indiana leaves it to the judge.

Indiana and the states that border it, first-offense figures side by side
State	BAC limit	Hearing request	Interlock, first offense	Jail, first offense	Fine, first offense	License, first offense
Illinois	0.08%	90 days	In some cases	Less than 1 year	$75 to $2,500	Revocation; may not apply for a new license until 1 year after the revocation takes effect
Indiana (this page)	0.08%	No fixed deadline	At the judge's discretion	Up to 60 days	Up to $500	Up to 60 days
Kentucky	0.08%	No fixed deadline	In some cases	48 hours to 30 days	$200 to $500	6 months suspension
Michigan	0.08%	14 days	At the judge's discretion	Up to 93 days	$100 to $500	180 days
Ohio	0.08%	30 days	In some cases	3 days to 6 months	$565 to $1,075	1 to 3 years

Every figure is the statute's own, read from the same kind of page. See DUI laws and penalties for all 50 states.

03The process

How an OWI case moves through the system in Indiana

The typical sequence, in general terms. Timing and details differ by county and by case.

Arrest and booking
Police arrest a driver on suspicion of OWI and take the person to the local jail, where booking records the arrest, the charge and the times.
Release
A person is released after posting bail, on their own recognizance, or after a hold. Amounts and timing differ by county.
License action
Indiana has no administrative hearing: the BMV suspends the license before trial, and the driver is entitled to a prompt judicial hearing in court (no number of days is set).
Arraignment
The first court appearance, where the charge is read and a plea (guilty, not guilty or no contest) is entered.
Pretrial resolution
A case can end in a plea to a reduced charge, in a diversion or deferred program where the state has one, in a trial, or in a dismissal, depending on the state and the facts.
Sentencing or trial
For a first offense, Indiana's statute provides jail of up to 60 days and a fine of up to $500. See the penalties table above.

04Sources

Where Indiana's figures come from

Each figure was read on the official page linked here on Oct 26, 2026, and the quoted words were checked against the page the day it was read. The exact words are below so you can check them. Found a mistake? Write to hello@duiarrested.com with the state and the figure.

Ind. Code § 9-30-5-1(a), (b); § 9-30-5-2 (in.gov)Main statute · BAC limit, age 21 and over · Higher BAC level · BAC limit under 21 · Lookback period · License hearing request · Ignition interlock, first offense · First offense: license · Second offense: license
Ind. Code § 35-50-3-4; § 9-30-5-1(a) (Class C misdemeanor) (in.gov)First offense: jail, minimum · First offense: jail, maximum · First offense: fine, minimum · First offense: fine, maximum · First offense: license · Second offense: jail, maximum · Second offense: fine, minimum · Second offense: fine, maximum
Ind. Code § 9-30-5-15(a) as amended by H.E.A. 1249 (P.L. 158-2026), eff. July 1, 2026 (Court Times summary) (times.courts.in.gov)Second offense: jail, minimum

Show the exact words behind each figure

Main statute

Ind. Code § 9-30-5-1; § 9-30-5-2

Ind. Code § 9-30-5-1(a), (b); § 9-30-5-2

A person who operates a vehicle with an alcohol concentration equivalent to at least eight-hundredths (0.08) gram of alcohol but less than fifteen-hundredths (0.15) gram of alcohol per: (1) one hundred (100) milliliters of the person's blood; or (2) two hundred ten (210) liters of the person's breath; commits a Class C misdemeanor.

BAC limit, age 21 and over

0.08%

Ind. Code § 9-30-5-1(a)

Same passage as above.

Higher BAC level

0.15%

Ind. Code § 9-30-5-1(b)

(b) A person who operates a vehicle with an alcohol concentration equivalent to at least fifteen-hundredths (0.15) gram of alcohol per: (1) one hundred (100) milliliters of the person's blood; or (2) two hundred ten (210) liters of the person's breath; commits a Class A misdemeanor.

BAC limit under 21

0.02%

Ind. Code § 9-30-5-8.5(a)

(a) A person who: (1) is less than twenty-one (21) years of age; and (2) operates a vehicle with an alcohol concentration equivalent to at least two-hundredths (0.02) gram but less than eight-hundredths (0.08) gram of alcohol per: (A) one hundred (100) milliliters of the person's blood; or (B) two hundred ten (210) liters of the person's breath; commits a Class C infraction.

Lookback period

7 years

Ind. Code § 9-30-5-3(a)(1)

(a) Except as provided in subsection (b), a person who violates section 1 or 2 of this chapter commits a Level 6 felony if: (1) the person has a previous conviction of operating while intoxicated that occurred within the seven (7) years immediately preceding the occurrence of the violation of section 1 or 2 of this chapter;

License hearing request

No fixed deadline

Ind. Code § 9-30-6-10(a); § 9-30-6-9

A person against whom an ignition interlock device order has been issued under section 8.5 of this chapter or whose driving privileges have been suspended under section 9 of this chapter is entitled to a prompt judicial hearing.

Ignition interlock, first offense

At the judge's discretion

Ind. Code § 9-30-5-16(a); § 9-30-6-8(d)

Except as provided in subsection (b), the court may, in granting specialized driving privileges under IC 9-30-16-3 or IC 9-30-16-4, also order that the specialized driving privileges include the requirement that a person may not operate a motor vehicle unless the vehicle is equipped with a functioning certified ignition interlock device under IC 9-30-8.

First offense: jail, minimum

None

Ind. Code § 35-50-3-4; § 9-30-5-1(a) (Class C misdemeanor)

A person who commits a Class C misdemeanor shall be imprisoned for a fixed term of not more than sixty (60) days; in addition, he may be fined not more than five hundred dollars ($500).

First offense: jail, maximum

60 days

Ind. Code § 35-50-3-4 (Class C misdemeanor, per § 9-30-5-1(a))

Same passage as above.

First offense: fine, minimum

No minimum

Ind. Code § 35-50-3-4

Same passage as above.

First offense: fine, maximum

$500

Ind. Code § 35-50-3-4 (Class C misdemeanor)

Same passage as above.

First offense: license

Up to 60 days (court's discretion)

Ind. Code § 9-30-16-1(c); § 35-50-3-4

(c) Except as specifically provided in this chapter, a court may suspend the driving privileges of a person convicted of any of the following offenses for a period up to the maximum allowable period of incarceration under the penalty for the offense: (1) Any criminal conviction in which the operation of a motor vehicle is an element of the offense. (2) Any criminal conviction for an offense under IC 9-30-5

And Ind. Code § 9-30-5-1(a) (a first offense at 0.08 to under 0.15 is a Class C misdemeanor)

(a) A person who operates a vehicle with an alcohol concentration equivalent to at least eight-hundredths (0.08) gram of alcohol but less than fifteen-hundredths (0.15) gram of alcohol per: (1) one hundred (100) milliliters of the person's blood; or (2) two hundred ten (210) liters of the person's breath; commits a Class C misdemeanor.

And Ind. Code § 35-50-3-4 (the longest jail term for a Class C misdemeanor)

Same passage as above.

Second offense: jail, minimum

10 days

Ind. Code § 9-30-5-15(a) as amended by H.E.A. 1249 (P.L. 158-2026), eff. July 1, 2026 (Court Times summary)

If a person has one prior operating while intoxicated (OWI) conviction, the court shall order that the person be imprisoned for at least 10 days (current law is 5 days) or perform community service.

Second offense: jail, maximum

2 1/2 years

Ind. Code § 35-50-2-7(b) (Level 6 felony, per § 9-30-5-3(a)(1))

(b) A person who commits a Level 6 felony (for a crime committed after June 30, 2014) shall be imprisoned for a fixed term of between six (6) months and two and one-half (2 1/2) years, with the advisory sentence being one (1) year. In addition, the person may be fined not more than ten thousand dollars ($10,000).

Second offense: fine, minimum

No minimum

Ind. Code § 35-50-2-7(b)

Same passage as above.

Second offense: fine, maximum

$10,000

Ind. Code § 35-50-2-7(b) (Level 6 felony)

Same passage as above.

Second offense: license

At least 1 year (court-ordered)

Ind. Code § 9-30-16-2(a)(3)

The court shall order that the driving privileges of a person are suspended for a period of at least one (1) year for a person convicted of the following: ... (3) An offense under IC 9-30-5 when the person has a prior conviction for an offense under IC 9-30-5.

05Related

MapUS DUI Arrest Rate MapEvery state as one tile, colored by DUI arrests per 100,000 residents.
CalculatorDUI License-Hearing WindowThe hearing request window listed for each state, counted from a date you enter.

Note: This page summarizes state statutes and published figures. It is general information, not legal advice, and it may be out of date or incomplete. Penalty ranges are statutory ranges; actual outcomes depend on the case. See the Disclaimer.

Indiana OWI laws at a glance