Learn More About Indiana OWI

In Indiana driving while intoxicated (DWI) is referred to as operating while intoxicated or OWI. In the State of Indiana, OWI cases can be prosecuted under the court laws as well as the administrative per se laws. While the former will try to determine whether the individual’s mental capacities and body coordination were impaired as a result of excessive consumption of alcohol or drugs while driving, the latter only takes into consideration whether at the time of driving, the individual’s blood alcohol  concentration levels or BAC was 0.08 percent or greater. If the individual’s BAC results are 0.08 percent or more at the time that the DWI incident took place, then he/she can be arrested for being legally intoxicated and his/her license can be put under immediate suspension.

The laws associated with drunk driving in Indiana State are different from the other states in the sense that in an Indiana OWI arrest, the law enforcement officials have the right to determine which method shall be used to ascertain the blood alcohol concentration level in an individual driver arrested with an Indiana OWI charge. The offender not only has no rights with regards to the mode of the test, he/she cannot consult a lawyer before submitting to the test to determine the level of alcohol in his/her system.

The law enforcement officer can take away the license of the offender at the time of an Indiana OWI arrest and give the individual a receipt for the same.  However, it is to be noted that this doesn’t imply that the license has been suspended. In fact, an individual can apply for a duplicate license to be used as an identity till a court order or the Indiana Bureau of Motor Vehicles sanctions a suspension of the individual’s driver’s license or driving privileges.

Penalties for Indiana OWI offenses

The punishment for OWI offenses in Indiana vary based on the number of OWI convictions that the offender may previously have. With a repeat OWI offense the penalties are harsher, involving stricter sentencing, increase in the duration of the suspension of the driver’s privileges and require offenders to pay steep fines as compensation and undergo treatment programs for drugs and alcohol.

In case of a first OWI offense in Indiana State the penalties include a time in jail if the blood alcohol concentration test registers a level of 0.15 or more. The offender has to pay compensation to the victim, he can be put under probation, pay fines and bear court expenditures. In addition his driver’s license can also be suspended.

A second OWI offense in Indiana within a period of 10 years warrants steeper penalties. The punishment may involve a felony charge, the offender has to serve mandatory time in jail or he/ she can be placed under probation, or under house arrest, made to pay compensation to the public in addition to paying fines and court fees. The individual’s driver’s license can be put under suspension for a period of 6 months to a year.

For a third OWI offense and subsequent DWI arrests in the state of Indiana, within a period of 10 years, the offender is eligible to be penalized as a habitual offender. The individual’s driving privileges and driver’s license can be suspended for 10 years or may be permanently revoked. The individual has to undergo a program on drugs and alcohol. Apart from these the penalties also include steep fines, mandatory time of three to nine months in jail or he/she can be placed under a prolonged probationary period.

In addition to these penalties, the Indiana State follows repeat offender consequences for Indiana OWI arrests.  A repeat OWI conviction carries with it an additional period of 8 years in jail for two or more previous OWI within a period of 10 years under the state’s statute for habitual substance offenders. Two DWI convictions in 5 years can result in the charge being elevated to a Felony OWI charge.

For more information on Indiana OWI laws and Indiana OWI penalties visit  http://www.in.gov/bmv/.