The statutes that control Indiana OWI cases
OWI in Indiana is defined by Ind. Code § 9-30-5-2, and the chemical-testing rules sit in Ind. Code § 9-30-6-1. Both are published in the official state code at iga.in.gov, which is the only version that governs — summaries elsewhere, including ours, can lag amendments.
Statutory text, definitions, BAC thresholds and sentencing ranges.
What refusing a breath, blood or urine test costs you.
Statute at a glance
Indiana OWI law at a glance
Sourced from the Indiana code and state agency sites. Verify current text before relying on it.
- Offense name
- OWI (Indiana)
- Controlling statute
- Ind. Code § 9-30-5-2
- Implied consent
- Ind. Code § 9-30-6-1
- Per se BAC limit
- 0.08 (0.04 CDL, 0.02 or lower under 21)
- First-offense fine
- up to $5,000
- First-offense jail exposure
- up to 1 year
- Licence suspension
- 6 months
- Ignition interlock
- Not automatic on a first offense
- Trial court
- the Superior Court or Circuit Court
- High-risk filing
- SR-22 for 3 years
A first offense is a misdemeanor; the suspension length depends on the charge level.
First-offense exposure under Ind. Code § 9-30-5-2: up to $5,000, up to 1 year of jail exposure, and a 6 months licence suspension. A first offense is a misdemeanor; the suspension length depends on the charge level.
What Ind. Code § 9-30-5-2 actually says
- Ind. Code § 9-30-5-1(a) — operating a vehicle with an alcohol concentration equivalent of at least 0.08 but less than 0.15 is a Class C misdemeanor.
- Ind. Code § 9-30-5-1(b) — the same conduct at 0.15 or more is a Class A misdemeanor.
- Ind. Code § 9-30-5-2 — operating while intoxicated is a Class C misdemeanor, raised to Class A if the person endangers another.
- Ind. Code § 9-30-5-3 — the offense becomes a Level 6 or Level 5 felony with a prior conviction within five years or other aggravating facts.
Charging documents cite the exact subsection, so check which one appears on your citation. The posted text on iga.in.gov carries an effective date — amendments passed after it are not yet reflected.
Indiana ZIP codes covered
These Indiana ZIP-code pages carry the local court, filing and licensing detail for the area, and each one links back to this resource page.
Counties and cities using these Indiana resources
Counties
Other Indiana official resources
Frequently asked questions
- What statute defines OWI in Indiana?
- Ind. Code § 9-30-5-2 is the controlling OWI statute in Indiana. You can read the current text on the official code site at iga.in.gov.
- What is the Indiana implied-consent law?
- Ind. Code § 9-30-6-1 is the implied-consent provision. It sets out the consequences of refusing a chemical test after a lawful OWI arrest.