Indiana OWI Quick Facts

BAC Level: .08%
Administrative Hearing Request Cutoff: 10 days
First Conviction License Suspension: up to 2 years
First Conviction Jail Time: Up to 60 days

Important Notice to Anyone Arrested for OWI in Indiana

Time is of the essence. The state of Indiana allows anyone arrested for OWI to request an administrative hearing within 10 days of their arrest. Your right to request this hearing is critical to minimizing the potential damage that the arrest has on your life. At an administrative hearing, you and your attorney will have a chance to review the facts of your arrest with a representative of the state and dispute certain issues regarding how the arrest was conducted. Raising these disputes can result in lowering or eliminating the length of your driver’s license suspension. If you do not schedule an administrative hearing, your driver’s license will be suspended for the maximum time allowed by law. Therefore it is crucial that you contact an experienced Indiana OWI lawyer promptly and get your administrative hearing scheduled before time runs out.

Consequences of an OWI Conviction in Indiana

Unfortunately, being arrested and convicted for OWI in Indiana carries with it a significant amount of consequences. Here are the most important ones that you need to know about:

Driver’s License Suspension

When you abuse the privileges granted in your driver’s license by drinking and driving, the state penalizes you by taking away your license. Your first conviction will lead to a suspension of up to 2 years, while subsequent convictions can lead to suspensions lasting 5 years. While your license is suspended, you will have to rely on public transportation, ride sharing or some other form of transportation for travel. Being caught driving while your license is suspended for an OWI conviction carries with it very harsh penalties.

Jail Time

The OWI laws of Indiana authorize a significant amount of jail time for even your first OWI conviction. The court can order up to 60 days in prison upon your conviction. Subsequent offenses will result in jail terms of up to 3 years. Usually the court will order much less than the maximum jail time for your first offense if the circumstances of your arrest warrant it. Being arrested for a BAC level of .08 while driving somewhat normally will result in a much more lenient sentence than being arrested with a BAC level of .15 where you caused an accident.

Monetary Fines

An OWI conviction in Indiana also brings with it a large monetary fine. Your first OWI conviction can cost you up to $500. Additional convictions can result in fines of up to $10,000. As with other penalties connected to OWI, the court will administer a punishment within the range allowed by law depending on the circumstances of your arrest. The more recklessness and endangerment of other people there was, the more severe your penalties will be.

Ignition Interlock Devices

If you are convicted of OWI for the second time, you may be required to install an ignition interlock device on your vehicle. This device will require you to take an alcohol breath test each time you wish to start your car; if you test above the legal limit, your car will not start. Installing and maintaining these devices are costly as well as inconvenient, and the results of all your tests are recorded and reported to the court.

Community Service

The court may order that you serve a term of up to 180 hours of community service for your first DUI conviction. Community service will have to be done through a state-approved organization, and proof of your time served, certified by the organization that supervises your community service, will have to be provided to the court.

Felony Conviction on your Record

Repeat convictions for OWI in Indiana will result in a felony conviction on your record. Being a convicted felon carries with it significant consequences that will last the rest of your life. These include difficulty finding employment, revocation of professional licenses, social stigmatization, lack of credibility in future legal proceedings, potential loss of voting rights and more. No state hands out felony convictions lightly, but you should be aware of that possibility if you become a repeat OWI offender.

Increased Cost of Automobile Insurance

Even one OWI conviction can dramatically increase your cost of carrying auto insurance. Depending on the severity of the conditions of your arrest, as well as the internal policies of your auto insurance provider, you may find your policy cancelled. Whether you stay with your current provider or are forced to find a new one, you will certainly have to pay a greater premium than you previously did. Furthermore, the state of Indiana may force you to carry SR-22 insurance. Under such policies, your insurance provider is required to regularly certify to the state that you are still carrying your auto insurance. This additional service will further increase the cost of your policy.

Consequences of Refusing a Chemical Test in Indiana

The OWI laws of Indiana allow law enforcement officers to subject you to chemical tests to determine if you have been driving while under the influence of a drug, so long as they have just cause. While you are free to refuse a test, such a refusal is not without consequences. Indiana law requires that your driver’s license be suspended for 1 year the first time you refuse a chemical test.

Why You Should Seek Legal Help

Being arrested for OWI in Indiana brings about serious, life-changing consequences. It is important to seek qualified, experienced legal help in order to reduce or eliminate these consequences.

Many people believe that they have no chance of winning in court, that their OWI arrest is a simple open-and-shut case, and that they shouldn’t waste their time and money on an OWI attorney. Unfortunately this understandable but misguided notion has caused many people untold suffering that they could have avoided.

In order for the state of Indiana to convict you of OWI and impose the full penalties allowed by law, the arresting officer and the government must correctly follow a long list of established rules and procedures. These rules and procedures are there to protect your rights and insure that the government has not overstepped its bounds. If they are not followed correctly, it will be possible to reduce or eliminate the penalties of your OWI.

Some important areas where these rules and procedures must be followed are the police officer’s initial reason for pulling you over, the field sobriety tests they conduct, and the administration of the chemical test. What challenges you can mount to the state’s case depend on the particulars of your arrest. Every case is different.

Wouldn’t I Save Money And Hassle By Just Pleading Guilty?

It seems logical to assume that it would just be cheaper and easier to plead guilty to your OWI charge. But as we’ve already shown above, the penalties for OWI in Indiana are severe and expensive. Once you factor in the non-monetary impact an OWI conviction will have on your life, it’s plain to see that there’s nothing cheap and easy when it comes to an OWI.

Hiring an Indiana OWI Attorney to defend you and your rights can often reduce or sometimes even eliminate the penalties that the state would otherwise impose on you automatically. At the very least, it is worth having a conversation with a qualified OWI attorney to see if they think you could challenge your arrest.

The bottom line is, when you are arrested for OWI in Indiana, you are in for a struggle that’s going to be burdensome and expensive. But in many cases, a qualified OWI attorney can go a long ways towards reducing these expenses and burdens.

Indiana OWI Penalties