If you have been arrested or charged with operating while intoxicated (OWI), it helps to understand Indiana OWI laws and penalties. An OWI conviction can affect your driver’s license, employment options, insurance rates, and criminal record. Indiana has OWI laws that treat impaired driving offenses seriously, with penalties varying based on prior convictions, your blood alcohol concentration level (BAC), and whether or not someone was hurt.
What Happens During an OWI Arrest?
If you are arrested in Indiana for operating while intoxicated, police usually take you to the nearest jail following your arrest. Your vehicle may typically be searched and towed at your own expense. Police may also ask that you submit to chemical testing to determine impairment. This could mean taking a breath test, blood test, or another form of testing to gauge impairment.
If you take a breath test and your results show that your BAC is at .08% or higher, you could face consequences for license suspension. In some Indiana OWI cases, your driver’s license may be suspended for up to 180 days after failing a chemical test. Keep in mind that these are administrative consequences that happen separately from your criminal case. Your license could be suspended regardless of what happens in court.
In 2024, there were 3,492 alcohol-impaired collisions in Indiana. Of these, 83 were fatal, and 939 resulted in injury. While many of these resulted in only property damage, drivers were still at risk of serious penalties for violating Indiana OWI laws.
Indiana OWI Penalties
Indiana OWI laws specify different penalties based on whether you are charged with a first, second, or third OWI conviction. Penalties for a first OWI offense may include jail time, up to $5,000 in fines, and driver’s license suspension for up to two years. The court may also order substance abuse treatment programs and drug and alcohol testing.
Penalties are harsher for a second OWI conviction. You may be sentenced to at least five days in jail (or community service) and be ordered to pay up to $10,000 in fines. Your driver’s license may be suspended for no less than 365 days.
For a third offense, you may be sentenced to up to two years in jail and fined up to $10,000. Your driver’s license may be suspended for one to ten years. Depending on the circumstances, additional penalties could apply. Injuries, minor passengers, and other factors can lead to increased penalties.
Hire an OWI Lawyer
When you hire an OWI attorney, you can benefit from professional legal advice. An attorney can go over the evidence that police have against you and explain your legal options. Your attorney can look over the details of your arrest and contest evidence if necessary. An OWI attorney can look at your OWI charge and may be able to negotiate with prosecutors and explain your chances of success at trial.
Choosing Blankenship Law, LLC for Your OWI Needs
At Blankenship Law, LLC our attorneys focus solely on criminal defense! We represent clients who are charged with OWI crimes all over Indiana. Our lawyers were former prosecutors and know how OWI investigations are conducted. Blankenship Law, LLC stands by to assist you with each step and answer whatever questions come up after your arrest. Contact us today for a free phone consultation. Contact us today for a free phone consultation.
