Indiana DUI/DWI Laws: Penalties, Court Process, and Records

Driving Under the Influence (DUI) and Driving While Intoxicated (DWI) are terms used in U.S. law to indicate driving with impaired ability due to alcohol or drugs. In Indiana, the term used to describe impaired driving due to the influence of alcohol or drugs is called Operating While Intoxicated (OWI).

Indiana enforces strict penalties for OWI offenses with harsher punishments for repeat offenders. It is smart for road users to understand Indiana OWI laws, the stipulated penalties, the arrest and court process, and how to access OWI records.

What Is an OWI (DUI/DWI) in Indiana?

As defined in Indiana Code §9-30-5, OWI occurs when a person operates a vehicle while intoxicated due to alcohol, drugs, or a combination. The legal thresholds for alcohol impairment in Indiana are:

• 0.02% BAC for drivers under 21
• 0.04% BAC for commercial drivers
• 0.08% BAC or higher for most drivers age 21 and older

Even if a driver’s blood alcohol concentration is below these limits, they may still face an OWI charge if alcohol, drug, or other substances impair their ability to drive safely.

DUI/OWI Penalties in Indiana

In Indiana, the look-back period for OWI offenses is 7 years. This means that the penalty for an offense can increase if the offender has a prior OWI conviction.

• First OWI Offense: A first OWI offense in Indiana is usually a misdemeanor, and the penalty may include up to 60 days in jail, fines of up to $500, and a driver’s license suspension for up to 180 days.
• Second OWI Offense (within 7 years): If a second OWI offense occurs within seven years, it is considered a Level 6 felony. This offense is punishable by five days to two and a half years in jail, fines of up to $10,000, a 1 to 2 years license suspension, and the installation of an ignition interlock device.
• Third or Subsequent OWI Offense: Treated as a level 6 felony or higher, a third OWI offense in Indiana is treated very seriously. This offense can bring ten days and two and a half years in jail, substance abuse treatment, a minimum of one year license suspension, and fines up to $10,000.
• Aggravated OWI

An OWI case can be elevated to a level 5 felony if it involves serious bodily injury or causes death. Depending on prior record, the penalties include fines of up to $10,000, license suspension of at least one year, court-ordered substance abuse treatment, and a victim impact panel.

OWI Arrest and Court Process in Indiana

In Indiana, the OWI process involves both administrative and criminal proceedings:

• Traffic Stop and Arrest – A law enforcement officer may conduct chemical tests if the driver is suspected of operating the vehicle under the influence of alcohol. A refusal to take the tests may result in an automatic suspension of the driver’s license under Indiana’s implied consent law.
• Booking and Charges – When a person is arrested for OWI, they are taken to the county jail, where the booking process happens.
• Administrative License Suspension – Upon arrest, the Indiana Bureau of Motor Vehicles (BMV) suspends licenses even before trial.
• Initial Hearing/Arraignment – At the first appearance in court, the defendant must enter a plea of not guilty, guilty, or no contest.
• Pre-Trial Hearings – The Defense may challenge the evidence provided against them or negotiate plea deals with the prosecution.
• Trial – The case proceeds to trial when the defendant and prosecutor cannot reach a plea agreement.
• Sentencing – The judge decides the penalties that can be imposed on the guilty party, such as community service, fines, prison time, and license suspension.

Indiana has special OWI courts in certain counties that aim to treat and rehabilitate repeat offenders.

How to Search for DUI Records in Indiana

Indiana makes OWI records public, and they can be viewed through different channels:

• Indiana Odyssey Case Management System: This system permits online access to publicly available OWI records using a name, attorney, or case number.
• Indiana Bureau of Motor Vehicles (BMV): Requesters can request an official driving record online or in person from the Bureau of Motor Vehicles.
• County Clerk of Court: The official documents maintained in OWI cases can be requested at the Clerk of Court’s Office in the county where the case was heard.
• Indiana State Police (ISP): The ISP does not keep separate DUI files. Nonetheless, OWI charges and convictions can appear as part of an individual’s criminal history records.
• Third-Party Platforms: Most third-party sites charge a fee for full access to DUI records.

Typical OWI records include blood alcohol content, case outcome, sentencing details, and license consequences.

How Long Does an OWI Stay on Your Record in Indiana?

The retention of DUI/OWI records in Indiana differs between criminal and driving records:

• Criminal Record: Unless it is expunged through a court process, an OWI conviction stays on the criminal record permanently. If all conditions are met, an offender can petition for the expungement of a misdemeanor after 5 years.
• Driving Record: An OWI stays on the driving record for life.
• Employment: Employers can run a criminal background check through the Indiana State Police.

In Indiana, the term used to refer to impaired driving offenses is Operating While Intoxicated (OWI). The penalties for these offenses may range from fines to lengthy prison sentences. OWI records are accessible through various offices, including the ISP, BMV, and the county clerks of court. It is important for employers, researchers, and drivers to understand the permanent impact of OWI convictions.