First-Time OWI Penalties in Indiana: Know the Stakes

Criminal Defense

Mar 28

Caught with an OWI in Indiana? Your first offense could cost you more than you think—jail, fines, license loss, insurance spikes, and a criminal record. Indiana doesn’t take it easy on first-timers. But here’s the thing: a charge isn’t a conviction. You still have options.

In this guide, we’ll walk you through exactly what to expect—from the arrest to the long-term fallout—and how to fight back with the right legal strategy.

OWI Laws in Indiana: What You Need to Know

The BAC Limits

If your blood alcohol concentration (BAC) hits 0.08% or higher, you're legally intoxicated in Indiana. Commercial drivers face stricter limits—0.04%, and if you’re under 21, the limit drops to just 0.02%.

Implied Consent

If you’re pulled over, you’ve already agreed to chemical testing under Indiana’s Implied Consent Law. Refuse a test? The BMV can suspend your license—even without a conviction.

Want to understand your defense options? Learn how to beat an OWI charge in Indiana.

What Happens Immediately After an OWI Arrest

Arrest and Booking: You’ll be taken to jail, fingerprinted, and possibly held overnight. Your car might be towed.
License Suspension: Failing or refusing a test leads to automatic suspension. You have 10 days to request a BMV hearing to fight it. If the state has enough evidence that you were over the limit, the Court will also likely suspend your license at the initial hearing.
Other Conditions of Release: In some counties, you might face additional restrictions while your case is pending such as alcohol monitoring.

First-Time OWI Penalties in Indiana

Jail Time

Up to 60 days for a standard first OWI.
If your BAC is 0.15% or higher, penalties increase fast.

Fines and Costs

Base fines start at $500, but court fees, towing, and alcohol classes add up—$1,500–$2,500 is common.

License Suspension

30 days to 1 year.
You may be eligible for Specialized Driving Privileges to drive to work or school.

Probation and Treatment

Up to 1 year of probation.
Mandatory alcohol education or treatment programs.
Random testing, no drinking, check-ins—violate any term, and jail is back on the table.

Aggravating Factors That Make It Worse

High BAC (0.15%+)

Fines and jail time increase dramatically.

Children in the Car

OWI with a minor passenger can trigger a Level 6 felony.

Accidents or Injuries

Harm someone, and your misdemeanor becomes a felony—with years of prison on the line.

Learn more about the role of field sobriety tests in Indiana OWI cases.

Long-Term Fallout After a First OWI

Criminal Record

An OWI conviction becomes part of your permanent criminal record. It can impact:

Employment
Professional licenses
Housing
Immigration status

Insurance Premiums

Your rates will skyrocket—50% to 100% increases are common.

Repeat Offense? The Stakes Triple

A second OWI is treated far more seriously—higher fines, mandatory jail time, and potential felony charges.

Why You Need an Indiana OWI Defense Attorney

You Have Defenses

From bad stops to faulty breath tests, a good lawyer can expose weak spots in the case. We’ve had OWIs reduced or dismissed based on:

Unreliable field sobriety tests
Illegal traffic stops
Mishandled evidence

We Know the System

At Vining Legal, we’ve helped first-time offenders get back on track with minimal fallout. Don’t gamble with your future—get experienced help.

Charged With a First-Time OWI in Indiana?

The penalties are serious—but they’re not automatic. With the right defense, you may avoid jail, reduce your charges, or keep your record clean.

📞 Call Vining Legal at (317) 759-3225 or schedule your free consultation. Let’s fight for your future—starting now.

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