BAC limits: 0.08% for adults; 0.04% for commercial drivers; zero-tolerance for drivers under 21. A first offense: First-offense OWI is typically a misdemeanor Class C with fines, possible jail, license suspension, and assessment/treatment. Felony threshold: OWI with prior conviction within 5 years, or causing serious injury/death, can be a felony; a third OWI can be a Level 6 felony. That is what separates Indiana DUI penalties from a generic national summary. Read Ind. Code §§ 9-30-5-1 to 9-30-5-5 before the background sections below. Lookback: Prior OWI convictions within 5 or 7 years (depending on the enhancement) escalate penalties; lifetime priors matter for felony tracks.. Ignition interlock: Ignition interlock may be ordered as a condition of specialized driving privileges after OWI.
Lookback window for prior offenses
Prior OWI convictions within 5 or 7 years (depending on the enhancement) escalate penalties; lifetime priors matter for felony tracks.
First-offense penalties
First-offense OWI is typically a misdemeanor Class C with fines, possible jail, license suspension, and assessment/treatment.
When a Indiana DUI becomes a felony
OWI with prior conviction within 5 years, or causing serious injury/death, can be a felony; a third OWI can be a Level 6 felony.
A concrete Indiana scenario
Here is one way the Indiana pieces fit together. Change any fact and the statute may point somewhere else.
A driver in Indiana is charged with a first impaired-driving offense and wants to know what the statute actually sets.
- Start with the alcohol limits: 0.08% for adults; 0.04% for commercial drivers; zero-tolerance for drivers under 21
- Read the first-offense range: First-offense OWI is typically a misdemeanor Class C with fines, possible jail, license suspension, and assessment/treatment.
- Ask when the charge becomes a felony: OWI with prior conviction within 5 years, or causing serious injury/death, can be a felony; a third OWI can be a Level 6 felony. Lookback: Prior OWI convictions within 5 or 7 years (depending on the enhancement) escalate penalties; lifetime priors matter for felony tracks.
- Interlock: Ignition interlock may be ordered as a condition of specialized driving privileges after OWI.
Indiana OWI under title 9 article 30 chapter 5 proceeds in criminal court with parallel BMV administrative actions. Defense reviews the stop and chemical-test record.
Ignition interlock and license consequences
Ignition interlock may be ordered as a condition of specialized driving privileges after OWI.
How a typical Indiana DUI case unfolds
Indiana OWI under title 9 article 30 chapter 5 proceeds in criminal court with parallel BMV administrative actions. Defense reviews the stop and chemical-test record.
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Case law: DUI penalties in Indiana
STATE of Indiana, Appellant-Plaintiff, v. Shawn M. RANS, Appellee-Defendant
…s not substantially similar to the Pennsylvania offense of “driving under the influence,” which required proof either of a blood alcohol level of 0.10 or greater or that the driver of the motor vehicle “was influenced by alcohol to a degree that he or she could not drive safely.” Id. The Olmstead court concluded that the New York driving while impaired statute encompassed an ev…
Indiana opinions such as STATE of Indiana, Appellant-Plaintiff, v. Shawn M. RANS, Appellee-Defendant are cited where DUI penalties is disputed. The court stated: "Pennsylvania offense of “driving under the influence,” which required proof either of a blood alcohol level of 0.10 or greater or that the driver of the motor vehicle “was influenced by alcohol to a degree that he or she could not drive safely.” Id." That is the language to brief; the rest of the decision supplies the procedural posture.
Thomas WALKER, Appellant (Defendant Below), v. STATE of Indiana, Appellee (Plaintiff Below)
…Judge. Thomas Walker appeals the verdict convicting him of driving under the influence, Ind.Code 9-4-1-54(b). Walker was tried by a jury in the Dearborn County Court on November 15, 1982. We affirm. The facts disclose Walker was arrested for driving while intoxicated and driving left of center on June 14, 1982. A police officer observed Walker make a wide turn on a particular…
Thomas WALKER, Appellant (Defendant Below), v. STATE of Indiana, Appellee (Plaintiff Below) is worth reading on Indiana DUI penalties because the court put the point in its own words: "Judge. Thomas Walker appeals the verdict convicting him of driving under the influence, Ind.Code 9-4-1-54(b). Walker was tried by a jury in the Dearborn County Court on November 15, 1982. We affirm." Use that passage as the starting point, then read the facts that precede it.
Charlie STEWARD, Appellant (Defendant Below), v. STATE of Indiana, Appellee (Plaintiff Below)
…and a criminal trial at which appellant was found guilty of driving under the influence of intoxicants and unsafe lane movement. With respect to the suspension of his license, Steward alleges that he did not knowingly refuse to comply with Indiana’s Implied Consent Law, IC 1971, 9-4-4.5-3 (Burns 1980 Repl.). Steward also challenges the sufficiency of the evidence supporting his…
On DUI penalties, Charlie STEWARD, Appellant (Defendant Below), v. STATE of Indiana, Appellee (Plaintiff Below) speaks to the Indiana dispute in this passage: "With respect to the suspension of his license, Steward alleges that he did not knowingly refuse to comply with Indiana’s Implied Consent Law, IC 1971, 9-4-4.5-3 (Burns 1980 Repl.)." The surrounding opinion shows how the court applied that language to the record.
Earl Lee RUSSELBURG, Appellant, v. STATE of Indiana, Appellee — DeBRULER, J., dissenting
…ntent. If .05 percent blood alcohol is enough to arrest for driving under the influence, and if .10 percent is legally intoxicated, then it seems only consistent that .2166 percent should entitle a criminal defendant to an instruction that the jury may consider his intoxication in determining specific intent.
On DUI penalties, Earl Lee RUSSELBURG, Appellant, v. STATE of Indiana, Appellee — DeBRULER, J., dissenting speaks to the Indiana dispute in this passage: "If .05 percent blood alcohol is enough to arrest for driving under the influence, and if .10 percent is legally intoxicated, then it seems only consistent that ." The surrounding opinion shows how the court applied that language to the record.
Samuel David Clark v. State of Indiana
Samuel David Clark v. State of Indiana, 175 Ind. App. 391 (1978)
…the Implied Consent Statute apply not only to the crime of Driving Under the Influence but also to the crimes of Reckless Homicide and Causing a Death While Driving Under the Influence, the crimes for which Clark was convicted here. Pursuant to the provisions of this act, Clark was not placed under arrest at the time Trooper Boaz asked him to consent to the taking of a blood s…
Samuel David Clark v. State of Indiana is worth reading on Indiana DUI penalties because the court put the point in its own words: "Implied Consent Statute apply not only to the crime of Driving Under the Influence but also to the crimes of Reckless Homicide and Causing a Death While Driving Under the Influence, the crimes for which Clark was convicted here." Use that passage as the starting point, then read the facts that precede it.
Jimmy J. WARNER, Appellant (Defendant Below), v. STATE of Indiana, Appellee (Plaintiff Below)
…fendant-appellant Jimmy J. Warner appeals his conviction of Driving Under the Influence, Second Offense 1 raising the following issues: (1) whether a town marshal is authorized to effect an arrest outside the geographic limits of the town in which he is employed; and (2) whether the trial court erred in admitting a certified “computer printout” of Warner’s driving record. I War…
Indiana opinions such as Jimmy J. WARNER, Appellant (Defendant Below), v. STATE of Indiana, Appellee (Plaintiff Below) are cited where DUI penalties is disputed. The court stated: "Offense 1 raising the following issues: (1) whether a town marshal is authorized to effect an arrest outside the geographic limits of the town in which he is employed; and (2) whether the trial court erred in admitting a certified “computer printout” of Warner’s driving record." That is the language to brief; the rest of the decision supplies the procedural posture.
Key takeaways
- BAC limits: 0.08% for adults; 0.04% for commercial drivers; zero-tolerance for drivers under 21
- Lookback period: Prior OWI convictions within 5 or 7 years (depending on the enhancement) escalate penalties; lifetime priors matter for felony tracks.
- First-offense range: First-offense OWI is typically a misdemeanor Class C with fines, possible jail, license suspension, and assessment/treatment.
- Felony threshold: OWI with prior conviction within 5 years, or causing serious injury/death, can be a felony; a third OWI can be a Level 6 felony.
- Ignition interlock: Ignition interlock may be ordered as a condition of specialized driving privileges after OWI.
- Primary authority: Ind. Code §§ 9-30-5-1 to 9-30-5-5.
Blood alcohol limits in Indiana
0.08% for adults; 0.04% for commercial drivers; zero-tolerance for drivers under 21
Frequently asked questions
What is the legal BAC limit in Indiana?
0.08% for adults; 0.04% for commercial drivers; zero-tolerance for drivers under 21
Is a first DUI a felony in Indiana?
OWI with prior conviction within 5 years, or causing serious injury/death, can be a felony; a third OWI can be a Level 6 felony.
Will I need an ignition interlock device?
Ignition interlock may be ordered as a condition of specialized driving privileges after OWI.
This guide covers Indiana impaired-driving law as of 2026. Sentencing grids, administrative DMV rules, and local diversion programs change — verify the live statute and speak with counsel about your charging document.