DUI Freedom
Indiana OWI Defense

Arrested for OWI
in Indiana?

A OWI arrest in Indiana is serious — but it doesn't have to define your future. Understanding the law is your first step. Get a free evaluation and connect with an experienced Indiana OWI attorney who can fight for you.

  • BAC limit: 0.08% (0.02% if under 21)
  • 5 years lookback period for prior offenses
  • You have 10 days to request a license hearing
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0.08%
BAC Limit
60 days to 1 year
1st Offense Max Jail
$500 to $5,000
1st Offense Max Fine
5 years
Lookback Period

Indiana OWI Penalties by Offense

Indiana uses a 5 years lookback period — prior convictions within that window escalate your penalties significantly.

1st

First Offense

  • Jail60 days to 1 year
  • Fine$500 to $5,000
  • License SuspensionUp to 1 year
  • Ignition InterlockNo
2nd

Second Offense

  • ClassificationLevel 6 Felony
  • PenaltiesNot less than 5 days or more than 3 years and not more than $10,000
  • Lookback Window5 years
3rd+

Third Offense & Beyond

  • ClassificationLevel 5 Felony
  • PenaltiesNot less than 1 year or more than 6 years and not more than $10,000
  • StatusFelony Offense

Aggravated OWI (BAC ≥ 0.15%): Higher BAC levels trigger enhanced penalties in Indiana. If your BAC was significantly above the legal limit, you may face mandatory minimums, additional fines, or elevated charges. An experienced Indiana OWI attorney can evaluate the specific circumstances of your case.

What Happens to Your License

Indiana operates a two-track system — your license faces consequences from both the court and the DMV independently. You must act fast on both fronts.

  • 10-Day Rule: You have just 10 days from your arrest to request an administrative hearing to contest your license revocation. Miss this window and your license is automatically revoked.
  • 1st Offense Suspension: Up to 1 year A restricted or hardship license for employment purposes may be available.
  • Refusal Consequences: Refusing a chemical test triggers an automatic license revocation under Indiana's implied consent law — separate from any criminal penalties.
  • Ignition Interlock: Mandatory ignition interlock device required.

Indiana OWI Defense Strategies

Even if you failed a breath test, that doesn't mean your case is lost. Experienced Indiana OWI attorneys challenge charges on multiple grounds:

Validity of the traffic stop — did the officer have probable cause?
Field sobriety test errors — improper administration or environmental factors
Breathalyzer calibration and maintenance records
Blood test chain of custody and lab procedures
Rising BAC defense — alcohol still absorbing at time of test
Medical conditions that affect breath test results
Indiana does not permit sobriety checkpoints — any checkpoint stop may be an illegal detention

Special Indiana OWI Circumstances

Under 21

Indiana applies a strict BAC threshold of just 0.02% for drivers under 21. The penalties escalate quickly for repeat violations and can result in license suspension, fines, and required alcohol education programs. A OWI on a young driver's record can affect college applications, employment, and insurance for years.

Commercial Drivers

CDL holders in Indiana are held to a stricter 0.04% BAC standard while operating a commercial vehicle. A OWI conviction can result in a 1-year CDL disqualification for a first offense — and a lifetime ban for a second offense. Even an off-duty OWI in your personal vehicle can threaten your commercial license and livelihood.

Drug OWI

Indiana law prohibits driving under the influence of any drug — including prescription medications and marijuana — not just alcohol. You do not need to be above a BAC limit for drug owi charges; impairment alone is sufficient. The same criminal penalties apply, and drug owi cases often involve more complex evidence that an experienced attorney can challenge.

Don't Face Indiana's OWI System Alone

The 10-day deadline to protect your license is already counting down. Get your free evaluation now and find out exactly where you stand.

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Legal Disclaimer: The information on this page is for general educational purposes only and reflects laws as reported by the NHTSA Digest of Impaired Driving Laws. OWI laws in Indiana change frequently. This is not legal advice. Always consult a licensed Indiana OWI attorney for guidance specific to your situation.

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