Indiana DUI laws set the legal blood alcohol limit at 0.08%, though Indiana officially calls the offense Operating While Intoxicated or OWI rather than DUI. A first offense can bring up to 1 year in jail and a fine up to $5000 when blood alcohol concentration reaches 0.15% or higher. Refusing a chemical test triggers an automatic license suspension for a full year, separate from any court penalty. This guide covers BAC tiers, controlled substance rules, implied consent, penalties, exceptions, and license suspension. The information reflects Indiana Code Title 9, Article 30 as published by the state and the Indiana Bureau of Motor Vehicles.
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Key Terms Defined
Indiana law does not use the term DUI in its official code. The state statute calls the offense Operating While Intoxicated, commonly shortened to OWI. Many drivers search using the term DUI because it is the more widely known phrase across the United States. Both terms describe the same underlying offense of operating a vehicle while intoxicated by alcohol, drugs, or a combination of the two under Indiana Code Section 9-30-5-1.
A per se limit means that reaching a specific blood alcohol number is enough by itself to support a charge. Indiana does not require an officer to separately prove impaired driving behavior once a driver’s blood alcohol concentration meets or exceeds the legal threshold. Implied consent refers to a driver’s advance agreement, made simply by driving in Indiana, to submit to a chemical test whenever an officer has probable cause to suspect intoxication.
What the Law Says
Indiana Code Section 9-30-5-1 sets the state’s core blood alcohol concentration rule. A person who operates a vehicle with a blood alcohol concentration of at least 0.08% but less than 0.15% commits a Class C misdemeanor. A person who operates a vehicle with a blood alcohol concentration of 0.15% or higher commits a more serious Class A misdemeanor. These two tiers form the base structure for nearly every OWI charge in the state.
The same statute addresses drug impaired driving separately from alcohol. A person who operates a vehicle with a controlled substance listed in Schedule I or Schedule II of Indiana Code Section 35-48-2, or its metabolite, present in the body also commits a Class C misdemeanor. This standard applies to any measurable amount of the substance rather than a specific concentration threshold. A separate bill that proposed a numeric THC limit did not become law, so the any measurable amount standard remains current.
Indiana Code Section 9-30-5-2 provides an additional path to a Class A misdemeanor. If a person operates a vehicle while intoxicated in a manner that endangers another person, the offense is elevated from the base Class C misdemeanor level to a Class A misdemeanor. This endangerment enhancement does not require that anyone actually suffer harm, only that the driver’s conduct created a risk to another person, including a passenger.
Who It Applies To
The 0.08% blood alcohol concentration threshold applies to standard adult drivers operating a noncommercial vehicle in Indiana. Commercial drivers face a stricter blood alcohol concentration standard of 0.04%, reflecting the higher safety expectations placed on commercial vehicle operation. This lower threshold means commercial drivers can face OWI consequences at roughly half the blood alcohol concentration that would trigger a charge for a standard driver.
Indiana Code Section 9-30-5-8.5 addresses drivers under the age of 21 through a separate Class C infraction standard. This provision reflects Indiana’s broader approach of applying additional restrictions to underage drivers who consume alcohol before operating a vehicle. The core Class C and Class A misdemeanor OWI offenses under Indiana Code Section 9-30-5-1 can still apply to any driver, including those under 21, once blood alcohol concentration reaches the standard 0.08% threshold.
Requirements and Process
Under Indiana Code Section 9-30-6-1, any person who operates a vehicle in Indiana has already given implied consent to submit to a chemical test. This consent applies once a law enforcement officer has probable cause to believe the person committed an OWI offense. Chemical testing may involve a breath, blood, or urine sample, and officers typically first assess probable cause through observation or a portable breath test.
Indiana Code Section 9-30-6-7 requires an arresting officer to inform a driver that refusing a chemical test will result in the suspension of driving privileges. If a person refuses after receiving that warning, or submits to a test that produces prima facie evidence of intoxication, the officer may obtain the person’s license and issue a receipt valid until an initial court hearing. This receipt allows continued driving until the matter reaches court.
Refusal consequences operate separately from the criminal case itself. A refusal triggers an automatic license suspension of up to 1 year under the implied consent framework in Indiana Code Section 9-30-6, regardless of whether a court later convicts the person of OWI. This administrative suspension is handled through the Bureau of Motor Vehicles process and is distinct from any suspension a judge may separately order following a conviction, as described on the Indiana BMV suspension reinstatement and insurance forms page.
Penalties and Consequences
A first offense Class C misdemeanor under Indiana Code Section 9-30-5-1, covering blood alcohol concentration between 0.08% and 0.15%, carries up to 60 days in jail and a fine up to $500. A first offense Class A misdemeanor, which applies at 0.15% blood alcohol concentration or higher, or when the endangerment enhancement under Indiana Code Section 9-30-5-2 applies, carries up to 1 year in jail and a fine up to $5000. A license suspension of up to 60 days applies to the lower tier, while the higher tier can bring a suspension of up to 1 year.
Indiana Code Section 9-30-5-15 sets mandatory minimum jail terms for repeat offenders regardless of misdemeanor classification. A person with one prior OWI type conviction must serve at least 5 days in jail without good time credit, though a judge may allow 180 hours of community service instead of that jail term. A person with two or more prior OWI type convictions faces a mandatory minimum of 10 days in jail without good time credit, with an option for 360 hours of community service in place of the executed sentence.
Repeat offenses within a 7 year lookback period can elevate an OWI from a misdemeanor to a felony under Indiana Code Section 9-30-5-3. A subsequent OWI within that window becomes a Level 6 felony, and an OWI committed by a driver at least 21 years old with a passenger under 18, involving the endangerment enhancement, can also reach the Level 6 felony tier. Level 6 felony sentencing in Indiana generally carries a term between 6 months and 2 and one half years.
Causing serious bodily injury while operating under the influence raises the offense further under Indiana Code Section 9-30-5-4, and causing death or catastrophic injury raises it to an even higher felony level under Indiana Code Section 9-30-5-5. These outcomes are charged based on the resulting harm rather than blood alcohol concentration alone, and they carry substantially longer potential prison terms than the base misdemeanor tiers. A court may also require an ignition interlock device as a condition of restored or specialized driving privileges following a conviction.
Exceptions and Limitations
Indiana Code Section 9-30-5-1 recognizes a defense connected to controlled substance charges. A person is not guilty of the Schedule I or Schedule II controlled substance offense if the substance was consumed under a valid prescription issued by a practitioner acting within the course of professional practice. This defense addresses situations where a lawfully prescribed medication produces a detectable metabolite without any illegal drug use.
Indiana Code Section 9-30-16-1 allows some drivers with a suspended license to petition a court for specialized driving privileges. This limited license permits driving under court ordered restrictions, often including a requirement to install an ignition interlock device. Not every suspended driver qualifies, since certain circumstances under the same statute, including some chemical test refusals, can limit eligibility for specialized driving privileges.
Indiana lawmakers have also considered legislative changes that are not yet part of the law. A 2026 session bill addressing OWI penalties remained pending as tracked by the Indiana Office of Court Services legislative update on OWI penalty bill, and its status appeared as inactive on the Indiana General Assembly 2026 session bill list. Readers should rely on the current statute rather than proposed penalty changes until any bill is signed into law.
Common Misconceptions
Refusing a breathalyzer or chemical test does not prevent an OWI charge from moving forward. Indiana Code Section 9-30-6-7 makes clear that refusal instead triggers its own automatic license suspension of up to 1 year, and the refusal itself can be introduced as evidence in the criminal case. A driver who refuses testing can still face prosecution based on an officer’s observations, field sobriety test results, or other available evidence.
Not every OWI in Indiana is a felony. The base offenses under Indiana Code Section 9-30-5-1 and Indiana Code Section 9-30-5-2 are Class C or Class A misdemeanors for a first offense with no aggravating factors. Felony classification generally requires a prior conviction within the past 7 years, a passenger under 18 combined with endangerment, or an offense that causes serious bodily injury or death, as set out in Indiana Code Section 9-30-5-3 through Indiana Code Section 9-30-5-5.
A proposed THC nanogram limit did not become Indiana law, contrary to some earlier reporting that treated it as a near certain change. Current Indiana law under Indiana Code Section 9-30-5-1 continues to use an any measurable amount standard for Schedule I and Schedule II controlled substances rather than a specific numeric threshold. Drivers should not assume a THC concentration limit applies in Indiana unless a future bill is actually enacted, since laws and enforcement may change. Check official state sources for the latest rules, and see the Indiana Criminal Justice Institute impaired driving enforcement overview for statewide enforcement context. For situation specific guidance, consult a licensed attorney in your state and review the Disclaimer below.
Disclaimer
This article is for general informational purposes only. It is not legal advice. Lawwalls publishes informational content only and does not provide legal services or legal advice.
For legal advice about your specific situation contact a licensed attorney in your state. Laws change and vary by jurisdiction. Verify current rules with official government sources or a qualified lawyer.