Being pulled over and arrested for Operating While Intoxicated (OWI) can be a harrowing experience. Knowing how Indiana’s OWI process works can help you understand your legal options for defending yourself against the charges you are facing.
What are Indiana’s OWI laws?
In Indiana, the law uses the term OWI, and it means a driver cannot operate a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. The law also prohibits a driver from operating a vehicle with any amount of Schedule I or Schedule II controlled substances in their system.
The charge depends on the driver’s BAC and prior record. A first offense with a BAC between 0.08% and 0.14% is a Class C misdemeanor, punishable by up to 60 days in jail and fines up to $500. If the BAC is 0.15% or higher, the driver encounters a Class A misdemeanor, with up to one year in jail and fines up to $5,000.
A second OWI within seven years becomes a Level 6 felony, requiring at least five days in jail and allowing up to two and a half years in prison and fines up to $10,000.
When an impaired driver causes serious injury or death, the law may charge them with a Level 4 felony. A conviction can result in two to 12 years in prison, especially if the driver has a prior OWI case or a suspended license. The driver may also confront civil lawsuits from victims’ families seeking financial compensation.
What happens when you get arrested?
The arrest usually starts with field sobriety tests on the roadside. If the officer suspects impairment (odor of alcohol, slurred speech, poor balance), they will likely arrest you and take you to a station or jail. You may have your vehicle towed and you will have to pay to get it back after the police release you.
At the station, the officer will ask you to take a certified chemical test using your breath, blood or urine. In Indiana, driving on state roads means you have already agreed to these tests once the officer has probable cause. If you refuse the test, the officer will warn you that they can suspend and take your license or permit. They will give you a temporary receipt that works until your first hearing.
Refusing triggers automatic consequences. The Bureau of Motor Vehicles (BMV) can suspend your driving privileges for one year on a first refusal and for two years if you have a prior OWI.
What steps can you take after an arrest?
Consider addressing the following concerns after your release:
- Contact your auto insurance provider and ask how the arrest could affect your coverage and rates
- Gather every document from the arrest, including the citation, temporary driving permit, paperwork the officer gave you and any notices from the BMV
- Review your job requirements and decide if your work depends on driving or having a clean record
- Check your driving record through the BMV and look for any current violations
- Research the license reinstatement steps that apply to your situation
A conviction can bring consequences that reach beyond fines and a license suspension. You may need to take substance abuse classes, install an ignition interlock device that costs hundreds of dollars to maintain and carry SR-22 insurance that can raise your premiums. Some employers run background checks or prefer a clean driving record, which could affect your job.
OWI cases involve detailed rules and tight deadlines. An attorney who understands Indiana law can look at whether the officer made a lawful stop, used proper field sobriety tests, calibrated the breathalyzer correctly and protected your rights along the way. Careful review of these issues can help shape the direction of your case.