Driving a vehicle while under the influence of alcohol is illegal in all 50 states. But every state has slightly different laws associated with this act.

In Indiana, drunk driving laws are known as Operating While Intoxicated (OWI). They’re similar to driving under the influence (DUI) laws in other states. 

If you are pulled over for driving under the influence, you can expect law enforcement to follow pretty standard OWI procedures. They’ll ask you questions and observe your behavior, and may even perform a field sobriety test if they think it’s necessary.

What Is the Punishment for OWI in Indiana?

The legal limit for alcohol in Indiana is a blood alcohol concentration (BAC) of 0.08. If your BAC is higher than that, there are several levels of OWI you can be charged with:

• Class C misdemeanor for operating a vehicle with a BAC of at least 0.08 but less than 0.15. Class C misdemeanors can carry up to 60 days in jail and/or a fine up to $500. 
• Class A misdemeanor for operating a vehicle with a BAC of 0.15 or higher. Class A misdemeanors can carry up to one year in jail and/or a fine up to $5,000.  

Law enforcement officers can pursue an OWI if your BAC is below 0.08 but you were acting impaired. They can also charge you with an OWI if you are impaired by a substance other than alcohol, which is generally a Class C misdemeanor. 

Driving while intoxicated can also be a felony in Indiana. Felony charges are usually for repeat offenders, but they can also charge you with one for seriously harming or killing another person. In Indiana, you can be charged with a:

• Level 6 felony if you’re over 21 and have at least one passenger with you that’s under 18 years old. You can also be charged with a Level 6 felony if it’s your second OWI in the last seven years, you cause serious bodily injury, or kill a law enforcement animal. Level 6 felonies can be punished by 6 months to 2.5 years in jail and/or a fine up to $10,000.
• Level 5 felony if you receive a second OWI and either it or your first offense causes serious bodily harm or death for another person. Level 5 felonies can be sentenced with 1-6 years in prison and/or a fine of up to $10,000.
• Level 4 felony if you cause the death of another person and you’ve had another OWI in the last seven years, your license was suspended, or your BAC is above 0.15. A Level 4 felony can be punished by 2-12 years of imprisonment and/or a fine up to $10,000.

We know most people don’t intend to cause harm when they get behind the wheel after drinking. If you find yourself in an OWI situation, a drunk driving accident attorney can help plead your case and reduce your overall sentencing. 

Do You Need an Attorney for an OWI?

Like any traffic violation, you don’t have to have an attorney for an OWI. It’s within your rights to go to court and follow through with any sentence you may receive on your own. But keep in mind, an OWI conviction is something that will be on your criminal and driving records; it can impact your ability to get a job or even apply to rent a home. 

For something that might have life-altering ramifications, consulting with an attorney is a smart idea. Our experienced OWI attorneys can help you reduce fines and jail time, or assist you with applying for specialized driving privileges so you can maintain your current lifestyle. 

Can You Reduce an OWI Penalty?

The legal penalties of an OWI depend on your driving history. If this is your first OWI, you’ll likely have a lighter punishment than someone who has had several. Some consequences of an OWI beyond fines and jail time include restricted driving privileges, community service, or being required to carry high-risk car insurance. 

Most people who get behind the wheel while intoxicated don’t mean to cause any harm. We’re all guilty of making a bad judgment call; but with an OWI, the consequences can be life-changing. The good news is, you don’t have to face an OWI alone. 

How Much Does an OWI Attorney Cost?

Every case is unique. We’ll talk about the details of your case and discuss what the best course of action is. 

We know this process can be confusing and overwhelming, but it’s important to talk to an OWI or drunk driving attorney as soon as possible after your arrest. It allows us to investigate the circumstances of your situation and start building the strongest possible defense. You can contact us at any time and we’ll get back to you as fast as possible. 

Disclaimer: The content of this blog is intended to be general and informational in nature. It is advertising material and is not intended to be, nor is it, legal advice to or for any particular person, case, or circumstance. Each situation is different, and you should consult an attorney if you have any questions about your situation.