What Should You Know About DUI/OWI Laws in Indiana?

Seeing red and blue lights flashing in your rearview mirror is a stomach-churning moment for any driver. If you have had a drink or taken medication before getting behind the wheel, that anxiety can quickly turn into panic. Indiana takes intoxicated driving offenses seriously, and the legal landscape can be confusing for those facing charges for the first time.

Operating While Intoxicated (OWI) charges carry significant consequences that can impact your employment, finances and freedom. Whether it is a first-time mistake or a repeat offense, understanding the specific statutes in the Hoosier state is the first step toward protecting your rights. The Law Offices of Shane O’Donnell can help you learn the key elements of Indiana’s OWI laws and what you can expect if you are pulled over.

What Does OWI Mean in Indiana?

While many people use the terms DUI (Driving Under the Influence) and DWI (Driving While Intoxicated) interchangeably, Indiana law officially uses the term OWI, which stands for Operating While Intoxicated. Legally, these terms all refer to the same offense.

An OWI charge is not limited to alcohol consumption. In Indiana, you can be charged with OWI if you operate a vehicle while under the influence of any substance that impairs your thoughts and actions to the point where you lose normal control of the vehicle. This includes alcohol, illegal drugs and even prescription medications if they hinder your ability to drive safely.

What BAC Level is Considered Illegal in Indiana?

Indiana law sets specific Blood Alcohol Concentration (BAC) limits to determine intoxication. If a chemical test reveals you are over these limits, you are legally considered intoxicated regardless of how sober you might feel.

The legal limits vary depending on the driver and the vehicle:

• 0.08% or higher: This is the standard legal limit for most drivers operating a standard passenger vehicle.
• 0.04% or higher: This stricter limit applies to drivers operating a commercial vehicle (CDL holders).
• 0.02% or higher: Indiana has a zero-tolerance policy for drivers under the age of 21.

It is also important to note that having a BAC of 0.15% or higher is considered a more serious offense, often leading to stiffer penalties and higher charges.

What Are the Most Common Penalties for OWI in Indiana?

The penalties for an OWI conviction in Indiana vary based on the specific circumstances of the arrest, such as your BAC level and whether you have prior convictions. Indiana categorizes these offenses into different classes of misdemeanors and felonies.

Generally, penalties may include time in jail as well as significant fines. The exact punishment varies depending on how severe the crime was and whether the defendant has past OWI convictions.

Can You Get an OWI Even if Your BAC is Below 0.08?

Yes, you can still face OWI charges even if your BAC registers below the legal limit of 0.08%. Indiana law focuses on impairment and the presence of controlled substances, not just alcohol percentages.

If a law enforcement officer suspects that your ability to drive is impaired, whether due to failing a field sobriety test or erratic driving behavior, you can be arrested and charged. Additionally, having any amount of a Schedule I or II controlled substance (or its metabolite) in your body is grounds for an OWI charge, even if you do not appear outwardly intoxicated.

What Happens If You Refuse to Complete a Blood, Breath or Urine Test?

Indiana operates under “implied consent” laws. This means that by obtaining a driver’s license and driving on Indiana roads, you implicitly agree to submit to chemical testing if an officer has probable cause to believe you are intoxicated. Refusing a test does not mean you will avoid charges, but it does guarantee immediate administrative consequences.

Consequences for refusal include:

• License Suspension: Your driver’s license will be administratively suspended for one year for a first refusal.
• Enhanced Suspension: If you have a prior OWI conviction, a refusal can result in a two-year suspension.
• Ineligibility for Specialized Driving Privileges: Unlike some other suspensions, a refusal suspension often makes you ineligible for hardship licenses that let you drive to work.

What Happens if You Fail a Blood, Breath or Urine Test?

If you agree to the test and fail by registering a BAC over the legal limit or testing positive for a controlled substance, the Indiana Bureau of Motor Vehicles (BMV) will take administrative action.

• Administrative Suspension: Your license will likely be suspended for 180 days.
• Criminal Evidence: The results will be used as primary evidence against you in the criminal case.

What to Do if You’re Charged with OWI in Indiana?

Facing an OWI charge is daunting, but an arrest is not a conviction. The legal system is complex, involving both administrative BMV hearings and criminal court proceedings. Navigating this process alone often leads to unfavorable outcomes that could have been mitigated with professional help.

The Law Offices of Shane O’Donnell understands that every case has unique details, from the validity of the traffic stop to the accuracy of the chemical test. We work diligently to pursue the best possible resolution for your future.

Secure Your Future with Experienced Legal Defense

An OWI charge does not have to ruin your life, but ignoring the severity of the situation can lead to long-term consequences. Prompt action is vital. By securing experienced legal representation, you can challenge the evidence against you and work toward a resolution that protects your livelihood.

If you or a loved one has been accused of an OWI in Northwest Indiana, contact the Law Offices of Shane O’Donnell today for the personalized and unwavering legal support you deserve.