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Indiana DUI / OWI Penalties



FIRST OFFENSE OWI – CLASS C MISDEMEANOR – FINES: up to $500; JAIL: up to 60 days; LICENSE SUSPENSION: 90 days; OTHER: Possible alcohol evaluation and attendance at victim impact panel

FIRST OFFENSE OWI – BAC .15 OR HIGHER/ENDANGERMENT – CLASS A MISDEMEANOR – FINES: up to $5,000; JAIL: minimum mandatory 5 days – up to 1 year; LICENSE SUSPENSION: 90 days, may be eligible for restricted license with ignition interlock after 30 days if no chemical test refusal; OTHER: possible alcohol evaluation, attendance at victim impact panel

SECOND OFFENSE OWI – MISDEMEANOR – FINES: up to $5,000; JAIL: mandatory minimum 5 days (48 consecutive hours) OR 30 days community service – up to 2 year in jail; LICENSE SUSPENSION: 1 year suspension, may be eligible for restricted license with ignition interlock after 30 days if no chemical test refusal; OTHER: possible alcohol evaluation and treatment, attendance at victim impact panel, mandatory 6 month vehicle registration revocation.

THIRD OR SUBSEQUENT OFFENSE OWI WITHIN 5 YEARS – CLASS C FELONY – FINES: up to $10,000; JAIL: 2-8 years in jail (advisory sentence 4 years), mandatory minimum 10 days (48 hours consecutive hours) OR 60 days community service; LICENSE SUSPENSION: 1 year – 180 day suspension; OTHER: possible alcohol evaluation and treatment, attendance at victim impact panel, mandatory 6 month vehicle registration revocation

OWI SERIOUS BODILY INJURY WITH PRIOR OWI WITHIN LAST 5 YEARS/OWI DEATH – CLASS C FELONY – FINES: up to $10,000; JAIL: 2-8 years in jail (advisory sentence 4 years), mandatory minimum 10 days (48 hours consecutive hours) OR 60 days community service; OTHER: possible alcohol evaluation and treatment, attendance at victim impact panel, mandatory 6 month vehicle registration revocation

OWI SERIOUS BODILY INJURY – CLASS D FELONY – FINES: up to $10,000; JAIL: 6 months – 3 years imprisonment (advisory sentence 1.5 years); OTHER: 6 month vehicle registration revocation

OWI DEATH (WITH PRIOR OWI WITHIN LAST 5 YEARS) – CLASS B FELONY – FINES: up to $10,000; JAIL: 6-20 years imprisonment (advisory sentence 10 years); OTHER: 6 month vehicle registration revocation

**Persons convicted of two or more OWI offenses within 10 years will be considered a Habitual Traffic Offender. A person’s driver’s license may be suspended for a period of 5 years, 10 years, or lifetime depending on the nature of the charges and the number of prior convictions. In addition, the court may impose an additional sentence of 3-8 years imprisonment.

 


IC 35-50-3-1
Suspension; probation
Sec. 1. (a) The court may suspend any part of a sentence for a misdemeanor.
(b) Except as provided in subsection (c), whenever the court suspends in whole or in part a sentence for a Class A, Class B, or Class C misdemeanor, it may place the person on probation under IC 35-38-2 for a fixed period of not more than one (1) year, notwithstanding the maximum term of imprisonment for the misdemeanor set forth in sections 2 through 4 of this chapter. However, the combined term of imprisonment and probation for a misdemeanor may not exceed one (1) year.
(c) Whenever the court suspends a sentence for a misdemeanor, if the court finds that the use or abuse of alcohol, drugs, or harmful substances is a contributing factor or a material element of the offense, the court may place the person on probation under IC 35-38-2 for a fixed period of not more than two (2) years. However, a court may not place a person on probation for a period of more than twelve (12) months in the absence of a report that substantiates the need for a period of probation that is longer than twelve (12) months for the purpose of completing a course of substance abuse treatment. A probation user’s fee that exceeds fifty percent (50%) of the maximum probation user’s fee allowed under IC 35-38-2-1 may not be required beyond the first twelve (12) months of probation.

IC 35-50-3-2
Class A misdemeanor
Sec. 2. A person who commits a Class A misdemeanor shall be imprisoned for a fixed term of not more than one (1) year; in addition, he may be fined not more than five thousand dollars ($5,000).
As added by Acts 1976, P.L.148, SEC.8. Amended by Acts 1977, P.L.340, SEC.124.

IC 35-50-3-3
Class B misdemeanor
Sec. 3. A person who commits a Class B misdemeanor shall be imprisoned for a fixed term of not more than one hundred eighty (180) days; in addition, he may be fined not more than one thousand dollars ($1,000).
As added by Acts 1976, P.L.148, SEC.8. Amended by Acts 1977, P.L.340, SEC.125.
IC 35-50-3-4
Class C misdemeanor
Sec. 4. A person who commits a Class C misdemeanor shall be imprisoned for a fixed term of not more than sixty (60) days; in addition, he may be fined not more than five hundred dollars ($500).

IC 35-50-2-5
Class B felony
Sec. 5. A person who commits a Class B felony shall be imprisoned for a fixed term of between six (6) and twenty (20) years, with the advisory sentence being ten (10) years. In addition, the person may be fined not more than ten thousand dollars ($10,000).
As added by Acts 1976, P.L.148, SEC.8. Amended by Acts 1977, P.L.340, SEC.118; P.L.71-2005, SEC.8.

IC 35-50-2-6
Class C felony; commission of nonsupport of child as Class D felony
Sec. 6. (a) A person who commits a Class C felony shall be imprisoned for a fixed term of between two (2) and eight (8) years, with the advisory sentence being four (4) years. In addition, the person may be fined not more than ten thousand dollars ($10,000).
(b) Notwithstanding subsection (a), if a person has committed nonsupport of a child as a Class C felony under IC 35-46-1-5, upon motion of the prosecuting attorney, the court may enter judgment of conviction of a Class D felony under IC 35-46-1-5 and sentence the person accordingly. The court shall enter in the record detailed reasons for the court’s action when the court enters a judgment of conviction of a Class D felony under this subsection.

IC 35-50-2-7
Class D felony
Sec. 7. (a) A person who commits a Class D felony shall be imprisoned for a fixed term of between six (6) months and three (3) years, with the advisory sentence being one and one-half (1 1/2) years. In addition, the person may be fined not more than ten thousand dollars ($10,000).
(b) Notwithstanding subsection (a), if a person has committed a Class D felony, the court may enter judgment of conviction of a Class A misdemeanor and sentence accordingly. However, the court shall enter a judgment of conviction of a Class D felony if:
(1) the court finds that:
(A) the person has committed a prior, unrelated felony for which judgment was entered as a conviction of a Class A misdemeanor; and
(B) the prior felony was committed less than three (3) years before the second felony was committed;
(2) the offense is domestic battery as a Class D felony under IC 35-42-2-1.3; or
(3) the offense is possession of child pornography (IC 35-42-4-4(c)).
The court shall enter in the record, in detail, the reason for its action whenever it exercises the power to enter judgment of conviction of a Class A misdemeanor granted in this subsection.

IC 35-50-3-1
Suspension; probation
Sec. 1. (a) The court may suspend any part of a sentence for a misdemeanor.
(b) Except as provided in subsection (c), whenever the court suspends in whole or in part a sentence for a Class A, Class B, or Class C misdemeanor, it may place the person on probation under IC 35-38-2 for a fixed period of not more than one (1) year, notwithstanding the maximum term of imprisonment for the misdemeanor set forth in sections 2 through 4 of this chapter. However, the combined term of imprisonment and probation for a misdemeanor may not exceed one (1) year.
(c) Whenever the court suspends a sentence for a misdemeanor, if the court finds that the use or abuse of alcohol, drugs, or harmful substances is a contributing factor or a material element of the offense, the court may place the person on probation under IC 35-38-2 for a fixed period of not more than two (2) years. However, a court may not place a person on probation for a period of more than twelve (12) months in the absence of a report that substantiates the need for a period of probation that is longer than twelve (12) months for the purpose of completing a course of substance abuse treatment. A probation user’s fee that exceeds fifty percent (50%) of the maximum probation user’s fee allowed under IC 35-38-2-1 may not be required beyond the first twelve (12) months of probation.

IC 35-50-3-2
Class A misdemeanor
Sec. 2. A person who commits a Class A misdemeanor shall be imprisoned for a fixed term of not more than one (1) year; in addition, he may be fined not more than five thousand dollars ($5,000).
As added by Acts 1976, P.L.148, SEC.8. Amended by Acts 1977, P.L.340, SEC.124.

IC 35-50-3-3
Class B misdemeanor
Sec. 3. A person who commits a Class B misdemeanor shall be imprisoned for a fixed term of not more than one hundred eighty (180) days; in addition, he may be fined not more than one thousand dollars ($1,000).
As added by Acts 1976, P.L.148, SEC.8. Amended by Acts 1977, P.L.340, SEC.125.
IC 35-50-3-4
Class C misdemeanor
Sec. 4. A person who commits a Class C misdemeanor shall be imprisoned for a fixed term of not more than sixty (60) days; in addition, he may be fined not more than five hundred dollars ($500).

 

 

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IC 9-30-5-12
Probationary driving privileges; grounds
Sec. 12. (a) If:
(1) a court recommends suspension of a person’s driving privileges under section 10(b) of this chapter for an offense committed under this chapter; and
(2) the person did not refuse to submit to a chemical test offered under IC 9-30-6-2 during the investigation of the offense;
the court may stay the execution of the suspension of the person’s driving privileges and grant the person probationary driving privileges for one hundred eighty (180) days.
(b) An order for probationary privileges must be issued in accordance with sections 11 and 13 of this chapter.
(c) If:
(1) a court recommends suspension of a person’s driving privileges under section 10(c), 10(d), or 10(e) of this chapter for an offense committed under this chapter; and
(2) the period of suspension recommended by the court exceeds the minimum permissible fixed period of suspension specified under section 10 of this chapter;
the court may stay the execution of that part of the suspension that exceeds the minimum fixed period of suspension and grant the person probationary driving privileges for a period of time equal to the length of the stay.
(d) In addition to the other requirements of this section, if a person’s driving privileges are suspended or revoked under section 10(f) of this chapter, a court must find that compelling circumstances warrant the issuance of probationary driving privileges.
(e) Before a court may grant probationary driving privileges under this section, the person to whom the probationary driving privileges will be granted must meet the burden of proving eligibility to receive probationary driving privileges.

IC 9-30-5-15
Imprisonment; community restitution or service; alcohol or drug abuse treatment
Sec. 15. (a) In addition to any criminal penalty imposed for an offense under this chapter, the court shall:
(1) order:
(A) that the person be imprisoned for at least five (5) days; or
(B) the person to perform at least one hundred eighty (180) hours of community restitution or service; and
(2) order the person to receive an assessment of the person’s degree of alcohol and drug abuse and, if appropriate, to successfully complete an alcohol or drug abuse treatment program, including an alcohol deterrent program if the person suffers from alcohol abuse;
if the person has one (1) previous conviction of operating while intoxicated.
(b) In addition to any criminal penalty imposed for an offense under this chapter, the court shall:
(1) order:
(A) that the person be imprisoned for at least ten (10) days; or
(B) the person to perform at least three hundred sixty (360)

hours of community restitution or service; and
(2) order the person to receive an assessment of the person’s degree of alcohol and drug abuse and, if appropriate, to successfully complete an alcohol or drug abuse treatment program, including an alcohol deterrent program if the person suffers from alcohol abuse;
if the person has at least two (2) previous convictions of operating while intoxicated.
(c) Notwithstanding IC 35-50-2-2 and IC 35-50-3-1, a sentence imposed under this section may not be suspended. The court may require that the person serve the term of imprisonment in an appropriate facility at whatever time or intervals (consecutive or intermittent) determined appropriate by the court. However:
(1) at least forty-eight (48) hours of the sentence must be served consecutively; and
(2) the entire sentence must be served within six (6) months after the date of sentencing.
(d) Notwithstanding IC 35-50-6, a person does not earn credit time while serving a sentence imposed under this section.

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