Operating While Intoxicated in Indiana: Penalties and Total Costs

Penalties for operating while intoxicated in Indiana range from a Class C misdemeanor carrying up to 60 days in jail and a $500 fine to a Level 4 felony carrying two to twelve years in prison, and the exact charge turns on your blood alcohol concentration, whether anyone was hurt, whether a child was in the car, and how many prior OWI convictions you have.¹² License suspension, reinstatement costs, and insurance consequences run on top of whatever the court imposes.

You can be charged two ways. A BAC of 0.08% or higher supports a conviction on its own, even without visible impairment. Separately, an officer can charge you based on observed impairment at any BAC level.¹ Commercial drivers face a 0.04% limit, and drivers under 21 fall under a zero-tolerance rule at 0.02%.³ Any detectable amount of a Schedule I or II controlled substance in your blood is also a separate OWI offense, regardless of impairment.

First-Offense Penalties

What a first offense costs depends heavily on the number the breathalyzer produced.

BAC of 0.08% to 0.149%: Class C misdemeanor. Up to 60 days in jail and a fine of up to $500.¹⁴
BAC of 0.15% or higher: Class A misdemeanor. Up to one year in jail and fines up to $5,000.¹⁵
Impairment-based charge: Class C misdemeanor, upgraded to a Class A misdemeanor if the driving endangered another person.

The jump between the two BAC tiers is dramatic. A reading of 0.15 rather than 0.14 changes the maximum jail exposure from 60 days to a full year and pushes the fine ceiling from $500 to $5,000.

When a First Offense Becomes a Felony

Several circumstances take a first OWI out of misdemeanor territory entirely.

A passenger under 18 in the car. If you are at least 21 and drive with a passenger under 18 while your BAC is 0.15% or higher, while a Schedule I or II substance is in your blood, or in a manner that endangers a person, the charge becomes a Level 6 felony even without any prior OWI history.⁶ A Level 6 felony carries six months to two and a half years of imprisonment and a fine up to $10,000.⁷

Serious bodily injury. Causing serious bodily injury while operating while intoxicated is a Level 5 felony, punishable by one to six years in prison and fines up to $10,000.⁸⁹ Each injured victim is a separate offense, so a crash that injures two passengers produces two Level 5 felony charges. If the driver has a prior OWI conviction within the previous five years, the offense escalates to a Level 4 felony, which carries two to twelve years of imprisonment.²

Death. OWI causing death is charged under a separate statute and routinely brings years of imprisonment. Prosecutors may also add reckless homicide.

Repeat-Offense Penalties

A second OWI conviction within seven years of a prior one is a Level 6 felony, with a sentencing range of six months to two and a half years, an advisory sentence of one year, and fines up to $10,000.⁶⁷ If any prior conviction was for OWI causing serious bodily injury or OWI causing death, any new OWI (even one that would otherwise be a misdemeanor) becomes a Level 5 felony, carrying one to six years in prison and up to $10,000 in fines.

Mandatory Minimums

Judges cannot suspend or waive a floor of jail time for repeat offenders. With one prior OWI, a court must order at least five days in jail or 240 hours of community service. With two or more priors, that floor rises to ten days or 480 hours. At least 48 of those hours must be served consecutively, the full sentence must be completed within six months, and no good-time credit applies.¹⁰

Habitual Vehicular Substance Offender

A separate habitual-offender designation applies to drivers with three or more OWI-related convictions at any time, or two convictions with at least one falling within the past ten years. It adds one to eight years of imprisonment on top of the sentence for the underlying OWI.¹¹

Refusing the Chemical Test

Indiana’s implied consent law means you agreed to submit to breath, blood, or urine testing as a condition of driving in the state.¹² Refusing the test triggers penalties whether or not you are ultimately convicted of OWI.

A first refusal is a Class C infraction; with a prior OWI conviction, it becomes a Class A infraction. The court must also suspend your license for one year, or two years if you have a prior OWI.¹³ Prosecutors are allowed to introduce your refusal as evidence at trial.¹²

Refusal generally makes you ineligible for specialized driving privileges, so no restricted license for work or medical appointments.¹⁴ The one workaround: a court can order an ignition interlock device as an alternative to the suspension, even in refusal cases.¹⁵

License Suspension and Reinstatement

The Bureau of Motor Vehicles imposes an administrative suspension tied to the arrest itself, so you can lose your license before any trial. Suspension length depends on your history:

First offense: up to two years. In some cases the court allows probation with a 30-day hard suspension followed by 180 days of driving limited to work.³
Second offense: at least 180 days, up to two years.³
Third offense: at least one year, up to ten years, plus possible classification as a habitual traffic violator.³

Getting your license back requires completing an alcohol and drug assessment, finishing any recommended treatment, and paying reinstatement fees that scale with your history: $250 for a first suspension, $500 for a second, and $1,000 for a third or subsequent one.¹⁶ You will also need to file proof of financial responsibility through an SR-22, which your insurer sends to the BMV to confirm you carry at least the state minimum liability coverage. If the BMV receives a cancellation notice during the required period, your suspension automatically kicks back in.¹⁷

Specialized Driving Privileges

If your license is suspended, you can petition the court for limited driving privileges to get to work, school, or medical appointments.¹⁸ Say so at your initial hearing and the court can stay the suspension and set a hearing within 30 days.¹⁴ Approval depends on your driving history and compliance with court orders.

Ignition Interlock Costs

An ignition interlock device is a breathalyzer wired into your vehicle. You blow into it and register under a set BAC before the engine will start. Courts can order one as a condition of specialized driving privileges, and in some cases as an alternative to a full suspension.¹⁵

You pay the whole bill. Installation typically runs about $70 to $150, and monthly lease and calibration costs run roughly $60 to $150. Tampering with or bypassing a court-ordered device is a Class B misdemeanor, punishable by up to 180 days in jail and a $1,000 fine.

What an OWI Actually Costs

The statutory fine is only part of it. Court costs and fees commonly exceed $300 for a first offense, according to the Indiana Criminal Justice Institute.³ Add BMV reinstatement fees of $250 to $1,000,¹⁶ substance abuse assessment and treatment costs, SR-22 filing fees, and, where applicable, ongoing interlock device charges.

The biggest hit for most drivers is auto insurance. The SR-22 filing itself is inexpensive, but the OWI conviction moves you into a high-risk classification, and premium increases last for years. Some insurers drop OWI-convicted drivers entirely, which pushes them into more expensive nonstandard policies.

Consequences That Outlast the Sentence

A felony OWI creates a permanent criminal record. Under federal law, criminal convictions can be reported by consumer reporting agencies without a time limit, so a felony from years ago can still surface on a background check.

Employers who run background checks often disqualify OWI-convicted candidates from jobs involving driving, work with vulnerable populations, or security clearances. Felony convictions also restrict firearm ownership, which rules out certain law enforcement and security positions. Licensed professionals (healthcare workers, attorneys, teachers) generally must disclose criminal convictions to their licensing boards. Failure to disclose is often treated more harshly than the conviction itself, and boards can respond with anything from probation and mandatory treatment to license suspension or revocation.

Travel plans can also change. Canada treats impaired driving as a serious criminal offense and can deny entry to anyone with an OWI on their record regardless of how long ago it occurred. Canadian border agents routinely check U.S. criminal records, and travelers may need a Temporary Resident Permit or Criminal Rehabilitation to cross.

For non-citizens living in Indiana, U.S. Citizenship and Immigration Services runs background checks during visa renewals, green card applications, and naturalization. A single OWI may not automatically trigger removal, but two or more convictions can make a non-citizen ineligible to renew a visa, adjust status, or naturalize.

1
Indiana General Assembly. Indiana Code 9-30-5-1 – Class C Misdemeanor; Defense
2
Indiana General Assembly. Indiana Code 35-50-2-5.5 – Level 4 Felony
3
Indiana Criminal Justice Institute. Impaired Driving
4
Indiana General Assembly. Indiana Code 35-50-3-4 – Class C Misdemeanor
5
Indiana General Assembly. Indiana Code 35-50-3-2 – Class A Misdemeanor
6
Indiana General Assembly. Indiana Code 9-30-5-3 – Penalties; Prior Offenses
7
Indiana General Assembly. Indiana Code 35-50-2-7 – Class D Felony; Level 6 Felony
8
Indiana General Assembly. Indiana Code 9-30-5-4 – Classification of Offense; Serious Bodily Injury
9
Indiana General Assembly. Indiana Code 35-50-2-6 – Class C Felony; Level 5 Felony
10
Indiana General Assembly. Indiana Code 9-30-5-15 – Imprisonment; Community Restitution
11
Indiana General Assembly. Indiana Code 9-30-15.5-2 – Habitual Vehicular Substance Offender
12
Justia Law. Indiana Code Title 9 Article 30 Chapter 6 – Implied Consent
13
Indiana General Assembly. Indiana Code 9-30-7-5 – Refusal to Submit; Penalties; Suspension
14
Indiana General Assembly. Indiana Code 9-30-16-1 – Ineligibility for Specialized Driving Privileges
15
Indiana General Assembly. Indiana Code 9-30-6-8 – Probable Cause; Suspension of Driving Privileges
16
Indiana General Assembly. Indiana Code 9-25-6-15 – Driving Privileges Reinstatement Fee
17
Indiana Bureau of Motor Vehicles. Proof of Financial Responsibility
18
Indiana Courts. Specialized Driving Privileges