INDIANA DUI LAW EXPLAINED

The crime of drunk driving in the state of Indiana is referred to as Operating While Under the Influence (OWI).

It is illegal to operate a motor vehicle in the state of Indiana while intoxicated. "Intoxicated" means under the influence of alcohol; a controlled substance; a drug other than alcohol or a controlled substance; or a combination of substances so that there is an impaired condition of thought and action and the loss of normal control of a person's faculties.

A person who submits to a chemical test that reveals an illegal blood alcohol content (BAC) may be charged with "per se" OWI. In per se OWI cases, the prosecution may use the chemical test evidence at trial to prove impairment, which will be presumed if the test result reveals a BAC of .08 or higher. Persons who refuse chemical testing or who submit to chemical testing that produces a BAC result under .08 may still be charged with OWI. Instead of using chemical test evidence to prove impairment, the prosecution will attempt to establish intoxication by using evidence of the defendant's driving pattern, physical appearance, statements, and physical sobriety exercise results.

Indiana DUI / OWI Law Defined By Charge

PER SE DUI - Persons with a BAC between .08 and .15 will be charged with a Class C misdemeanor. Persons who operate a vehicle with a BAC of .15 or higher will be charged with a Class A misdemeanor.

OWI DRUG IMPAIRMENT - Persons who operate a vehicle with a controlled substance or it's metabolite in the person's body will be charged with a Class C misdemeanor.

MINORS - Persons under the age of 21 are prohibited from operating a vehicle with an alcohol concentration of .02 or higher. A minor with a BAC of .02 - .08 will be charged with a Class C infraction. Minors with a BAC higher than .08 may be charged with a misdemeanor.

COMMCERCIAL VEHICLE DRIVERS - Persons who hold a commercial driver's license (CDL) will be considered legally drunk if they have a BAC of .04 or higher. CDL holders convicted of a first offense OWI will lose their CDL privileges for a period of one year. A second or subsequent OWI violation will result in the lifetime revocation of the person's CDL.

OWI ENDANGERMENT - Persons who are arrested with OWI who endangered another as a result of the alleged offense will be charged with a Class A misdemeanor.

Indiana DUI / OWI Related Felonies

OWI WITH MINOR PASSENGER UNDER THE AGE OF 18 - Persons arrested for OWI who have a minor passenger under the age of 18 present in the vehicle at the time of the alleged offense will be charged with a Class D felony. The OWI offender will be charged with a Class C felony if the person has a previous conviction of OWI causing death or OWI causing serious bodily injury.

OWI SERIOUS BODILY INJURY - A person who causes serious bodily injury to another person when operating a motor vehicle with a BAC of .08 or higher; a controlled substance or its metabolite in the person's body; or while intoxicated will be charged with a Class D felony. If the person has a previous OWI conviction within the last 5 years, the offense will be a charged as a Class C felony. "Serious bodily injury" is defined as "bodily injury creating a substantial risk of death or causing serious permanent disfigurement, unconsciousness, extreme pain, permanent or protracted loss or impairment of the function of a bodily member or organ, or the loss of a fetus." A person who is arrested for OWI serious bodily injury will be considered to have committed a separate offense for each person who incurs serious bodily injury as a result of the OWI offense. It is a defense that the accused person consumed the controlled substance under a valid prescription or order of a practitioner who acted in the course of the practitioner's professional practice.

OWI DEATH - A person who causes the death of another person when operating a motor vehicle with a BAC of .08 or higher; with a controlled substance or its metabolite in the person's blood; or while intoxicated will be charged with a Class C felony. The offense will be charges as a Class B felony if the person has a previous OWI conviction of within the last 5 years or if the person operated the motor vehicle when the person knew that the person's driver's license, driving privilege, or permit is suspended or revoked for a previous OWI conviction. It will be considered a separate offense for each person whose death is caused by the OWI violation. It is a defense that the accused person consumed the controlled substance under a valid prescription or order of a practitioner who acted in the course of the practitioner's professional practice.