Indiana DUI laws set the legal blood alcohol limit at 0.08% for adult drivers under Indiana Code Section 9-30-5-1. A blood alcohol level of 0.15% or higher brings enhanced Class A misdemeanor charges with fines up to $5000. Indiana’s statute never uses the word DUI and instead calls the offense Operating While Intoxicated. This guide covers penalties, suspension, and felony rules from Indiana Code Title 9, Article 30, Chapter 5.
Key Terms Defined
Indiana law uses the term Operating While Intoxicated, commonly shortened to OWI, rather than the term DUI used in many other states. The underlying conduct is the same. A person operates a vehicle with an unlawful blood alcohol level, or while impaired by alcohol or drugs. Readers searching Indiana DUI laws are effectively searching for Indiana OWI law, since Chapter 5 governs this offense under that name.
OWI vs DUI Why Indiana Uses a Different Name
Some states use DUI and others use DWI or OWI, and none of these labels change the underlying legal standard for impaired driving. Indiana chose Operating While Intoxicated when it wrote its motor vehicle code. A person charged under Indiana Code Title 9, Article 30, Chapter 5 — Operating a Vehicle While Intoxicated faces an OWI charge, not a charge formally labeled DUI, though the offense is functionally identical.
What the Law Says
Indiana Code Section 9-30-5-1 prohibits operating a vehicle with a blood alcohol concentration of 0.08% or more, or while under the influence of alcohol, a controlled substance, or a combination that impairs safe driving. The law also prohibits operating with certain Schedule I or Schedule II substances present in the body. These are separate legal theories, and a person can be charged under either depending on the evidence available.
BAC Limits and Per Se Offenses
A per se offense in Indiana OWI law means the charge rests purely on a measured blood alcohol number rather than on how the person was actually driving. Indiana Code Section 9-30-5-1 sets the standard per se threshold at 0.08%, supporting a Class C misdemeanor charge. A blood alcohol concentration of 0.15% or higher raises the charge to a Class A misdemeanor under Indiana Code Title 9-30-5-1 (FindLaw).
OWI With Endangerment
Indiana Code Section 9-30-5-2 creates a separate Class A misdemeanor for operating a vehicle while intoxicated in a way that endangers a person. This charge does not require any specific blood alcohol number and does not require that anyone was actually hurt. It applies when the driver’s behavior created a real risk to another person, including a passenger in the vehicle, a pedestrian, or another driver.
Who It Applies To
Indiana OWI law applies to any adult operating a motor vehicle on Indiana roads with a blood alcohol concentration at or above the legal threshold, or while impaired by alcohol or a controlled substance. The statute applies regardless of vehicle type in most circumstances. Commercial drivers and drivers under 21 face separate provisions under Indiana law, since lower blood alcohol thresholds and different penalty structures generally apply to those groups.
Penalties and Consequences
Indiana OWI penalties escalate based on blood alcohol level, whether endangerment occurred, and whether the driver has prior OWI convictions. A first offense is typically charged as a misdemeanor. Additional prior convictions within a set lookback period, or aggravating factors such as a passenger under 18 or a resulting injury, can elevate the charge to a felony. Fines, jail exposure, and license suspension length all increase at each tier.
First Offense Misdemeanor Tiers
A standard first offense OWI with a blood alcohol concentration between 0.08% and below 0.15% is generally charged as a Class C misdemeanor under Indiana Code Section 9-30-5-1. A Class A misdemeanor applies when blood alcohol concentration reaches 0.15% or higher, or when endangerment is present under Indiana Code Section 9-30-5-2. A Class A misdemeanor conviction may include a fine up to $5000.
Repeat Offenses and Felony Enhancements
Indiana Code Section 9-30-5-3 elevates an OWI to a Level 6 felony when the person has a previous OWI conviction within the seven year period preceding the new violation. A Level 6 felony also applies when the driver is at least 21 and had a passenger under 18 in the vehicle during a qualifying violation. A Level 5 felony applies when a prior conviction involved death or serious injury.
2026 Mandatory Minimum Changes
Public Law 158-2026, also known as House Enrolled Act 1249, changes mandatory minimum jail time for repeat OWI offenders in Indiana, effective July 1 2026. A person with one prior OWI conviction now faces a mandatory minimum of at least 10 days in jail or community service, up from the previous 5 day minimum, according to the Indiana Office of Judicial Administration, 2026 Legislative Update.
A person with two prior OWI convictions faces a mandatory minimum of at least 20 days, up from the previous 10 day minimum, under this same 2026 law. The law also restricts ignition interlock device requirements so they may only apply when the underlying OWI offense resulted from alcohol use rather than a controlled substance, and adds controlled substance OWI to Indiana’s habitual traffic violator provisions.
License Suspension and Implied Consent
A driver’s license suspension in Indiana can result either from an OWI conviction itself or separately from refusing a chemical test under the state’s implied consent law found in Indiana Code Section 9-30-6-1 through Section 9-30-6-9. These are two distinct legal consequences that can apply independently of one another, and a suspension for refusal can apply even without a final OWI conviction.
Refusing a Chemical Test
Under Indiana’s implied consent law, any person who operates a vehicle in Indiana has already agreed in advance to submit to a certified chemical test if a law enforcement officer has probable cause to believe an OWI offense occurred. A first refusal generally results in an automatic license suspension of one year under Indiana Code Section 9-30-6-9, and a second or subsequent refusal generally results in a longer suspension.
Exceptions and Limitations
Indiana’s controlled substance OWI provisions currently apply without a specific numeric threshold for certain drugs, meaning any detectable amount of a covered Schedule I or Schedule II substance can support a charge under Indiana Code Section 9-30-5-1. This differs from the numeric blood alcohol threshold used for alcohol based charges. A separate proposal to add a numeric threshold for one controlled substance was introduced in the Indiana legislature.
Common Misconceptions
Many drivers mistakenly believe that refusing a chemical test in Indiana prevents any license consequence, when in fact a refusal itself triggers an automatic suspension under Indiana’s implied consent law regardless of the outcome of any related criminal charge. Another common misconception treats Indiana’s OWI and DUI as two different offenses, when Operating While Intoxicated is simply the term Chapter 5 uses for what is commonly called a DUI elsewhere.
A third misconception involves the lookback period used for felony enhancement. Indiana Code Section 9-30-5-3 sets this lookback period at seven years for the standard prior conviction enhancement, counted from a previous OWI conviction to the date of the new violation. Laws and enforcement may change, so readers should check official state sources for the latest rules. For general questions about this content, see the Disclaimer page.
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.