Indiana’s operating while intoxicated (OWI) laws establish a blood alcohol concentration (BAC) limit for motorists. These laws also define the penalties for OWI and whether this offense will be treated as a misdemeanor or a felony. Call our experienced Northwest Indiana OWI attorneys today!
Indiana BAC Levels and Penalties
According to Indiana Code § 9-30-6-15, the legal BAC limit for OWI is 0.08% for motorists 21 and older. However, drivers 21 and older can be charged with OWI even if their BAC is below the legal limit if they display symptoms of intoxication.
In Indiana, the legal BAC limit for OWI for motorists under 21 is 0.02%. Meanwhile, this limit is 0.04% for commercial drivers.
Those who are arrested for operating a motor vehicle while intoxicated are subject to impaired driving penalties, which can vary based on whether an OWI is a person’s first, second, or third such offense. Penalties that can come with an OWI conviction include:
- A jail or prison sentence that lasts up to six years
- A fine of up to $10,000
- Probation
In addition, per Indiana Code § 9-30-6-1, if you refuse to take a certified breath test at the time of your OWI traffic stop, your driver’s license will be automatically suspended for one year. Depending on the severity of your OWI, your driver’s license could last up to 10 years if you’re convicted.
What You Need to Know About OWI as a Misdemeanor or a Felony
Indiana treats OWI as a misdemeanor and a felony. Your BAC level, prior criminal convictions, and whether your offense resulted in injury or death can determine if you will be subject to a misdemeanor or felony OWI charge.
First OWI offenses are often treated as Class C or Class A misdemeanors. If you’re convicted of a Class C misdemeanor, you can face up to 60 days in jail and up to $500 in fines. You can be charged with a Class A misdemeanor if you’re an adult 21 or older with a BAC of 0.15% or higher, or if you put someone in danger. If convicted, you could receive a jail sentence of up to one year and a fine of up to $5,000.
An OWI is a felony if you have a prior conviction for this offense within the last five years, if a passenger under 18 was in your vehicle, or if the incident resulted in injury or death. A felony conviction has penalties more severe than those of a misdemeanor. These penalties can include a prison sentence of up to six years and a fine of up to $10,000.
Indiana’s “No Alcohol Sales” Restriction Is Now in Effect
An Indiana law was put into effect on January 1, 2026 that allows judges to place a “no alcohol sales” restriction on the driver’s licenses of individuals with extreme OWI convictions, WSBT reported. The restriction is intended to reduce the risk of repeat drunk driving offenses by curbing access to alcohol for high-risk offenders.
The restriction can flag a driver’s license and gives bars, restaurants, and liquor stores the option to deny alcohol sales. It may apply to people who’ve been convicted of an OWI with a BAC of 0.16% or higher. People can also voluntarily join the program.
Although this new law can restrict a convicted OWI offender’s access to alcohol, it doesn’t prevent this individual from consuming or possessing it. Alternatively, bars, restaurants, and liquor stores must check IDs for all alcohol sales to ensure compliance with the law.