What Are the Penalties for a First OWI in Indiana?

A first Operating While Intoxicated charge can have serious consequences. You may be worried about going to jail, losing your driver’s license, paying fines, or having a criminal conviction on your record.

A first OWI does not always mean that the charge is minor. The possible penalties depend on the alcohol level, whether anyone was endangered, whether drugs were involved, and whether an accident or injury occurred.

KEY TAKEAWAYS

• A first Indiana OWI is often filed as a misdemeanor.
• An alcohol concentration of at least 0.15 can increase the charge.
• Endangering another person can also increase the charge.
• A first OWI can become a felony when certain serious facts are present.
• Possible consequences include jail, probation, fines, treatment, and a license suspension.
• The maximum possible penalty is not always the sentence a person receives.

An arrest is not a conviction. The State must still prove the charge, and the evidence should be reviewed before a person makes decisions about the case.

What Does ‘First OWI’ Mean?

People often use the phrase first OWI to mean that they have never been convicted of an alcohol- or drug-related driving offense.

Determining whether an offense is legally a first offense may require a review of the person’s full record. Prior cases from Indiana or another state may matter. Older convictions may also affect sentencing or license issues, even when they do not increase the current charge.

Professional insight: People sometimes forget about an old case because it happened many years ago, was filed in another state, or had a different name, such as DUI or DWI. A complete record review can prevent surprises during negotiations or sentencing.

Is a First OWI a Misdemeanor in Indiana?

A first OWI is often a misdemeanor, but the level of the offense depends on the facts.

Class C Misdemeanor: Indiana generally treats operating a vehicle while intoxicated as a Class C misdemeanor when the charge does not involve an aggravating circumstance. Operating with an alcohol concentration of at least 0.08 but less than 0.15 may also be charged as a Class C misdemeanor.

The maximum penalties for a Class C misdemeanor are:

• Up to 60 days in jail
• A fine of up to $500

Court costs, program expenses, probation fees, and other financial obligations may be added to the fine.

Class A Misdemeanor: A first OWI may be charged as a Class A misdemeanor when the driver had an alcohol concentration of at least 0.15 or allegedly endangered another person.

The maximum penalties for a Class A misdemeanor are:

• Up to one year in jail
• A fine of up to $5,000

Endangerment does not always require an accident or injury. The State may rely on the driving, location, speed, passengers, traffic conditions, or other facts.

Can a First OWI Be a Felony?

Yes. A person can face a felony charge even without a prior OWI conviction. Serious circumstances may include:

• Serious bodily injury
• Catastrophic injury
• Death
• A qualifying passenger who was under 18
• Other facts specifically identified by Indiana law

Felony OWI charges may involve longer incarceration, higher fines, longer license consequences, and lasting effects on employment and other parts of life. This is why the phrase first offense does not tell the whole story.

Does a First OWI Require Jail Time?

Not every first OWI conviction results in a lengthy jail sentence. The sentence depends on the exact charge, local court practices, the plea agreement, and the judge’s decision.

A court may consider:

• The driver’s alcohol concentration
• Whether drugs were involved
• The quality of the driving
• Whether an accident occurred
• Whether another person was endangered
• The person’s criminal and driving history
• Whether the person followed bond conditions
• Whether the person completed an evaluation or treatment

Possible sentencing arrangements may include executed jail time, suspended jail time, probation, community service, home detention, alcohol monitoring, treatment, or a combination of these requirements.

Professional insight: People often focus only on the maximum jail sentence. The complete sentence matters. Probation, monitoring, treatment, license restrictions, and financial obligations can affect daily life for many months.

Will You Be Placed on Probation?

Probation is common in misdemeanor cases, including OWI cases. While on probation, a person may be required to:

• Report to a probation officer
• Avoid alcohol and illegal drugs
• Submit to alcohol or drug testing
• Complete a substance-abuse evaluation
• Follow treatment recommendations
• Complete community service
• Pay court costs and probation fees
• Avoid new criminal offenses
• Follow all driving restrictions
• Use an ignition interlock device

A probation violation can result in added conditions, extended probation, or the imposition of suspended jail time.

Will You Have to Complete an Alcohol or Drug Program?

A court may require a substance-abuse evaluation, alcohol education, drug education, treatment, or another program. The evaluator may review alcohol and drug use, prescription medications, prior cases, health, family history, and earlier treatment.

The court may require the person to follow the evaluator’s recommendations. This could include education classes, counseling, outpatient treatment, or more intensive services. Missing appointments or failing to complete treatment can create probation problems.

What Happens to Your Driver’s License?

A first OWI can affect driving privileges before and after a conviction.

Probable-Cause Suspension: If a judge finds probable cause and the driver failed a chemical test, the driver may face a suspension while the criminal case is pending. The Indiana Bureau of Motor Vehicles states that failing a chemical test may result in a suspension of up to 180 days.

Chemical-Test Refusal: If the driver refused a chemical test, the person may face a longer suspension. The Indiana BMV states that a refusal may result in a suspension of up to two years. A refusal suspension can remain important even if the criminal charge is later reduced or dismissed.

Suspension Following a Conviction: A court may impose an additional license suspension following an OWI conviction. The court may also require specialized driving privileges, SR-22 insurance, an ignition interlock device, or restrictions on when and where the person may drive.

Professional insight: Keeping the plastic license card does not prove that driving privileges are valid. Always check the official BMV record and understand every suspension and restriction before driving.

What Is an Ignition Interlock Device?

An ignition interlock device tests a driver’s breath before the vehicle can start. It may also require additional breath samples while the vehicle is being used.

The driver is generally responsible for installation, maintenance, and testing costs. Missing tests, attempting to bypass the device, or using a vehicle without the required device can cause serious problems.

How Much Can a First OWI Cost?

The total financial cost can be much greater than the criminal fine. Possible expenses include:

• Court costs and probation fees
• Alcohol or drug evaluations
• Education or treatment programs
• Alcohol monitoring
• Ignition interlock costs
• SR-22 insurance
• Increased insurance premiums
• License reinstatement expenses
• Towing and vehicle-storage charges
• Lost income from court or a license suspension

Some expenses continue after the criminal case has ended.

Can a First OWI Affect Your Job?

An OWI can affect employment even when the offense is unrelated to the person’s work. Possible issues include difficulty driving to work, loss of a company vehicle, employer reporting duties, commercial-license consequences, background checks, and professional-license reporting.

Before accepting a plea agreement, a person should consider both the court penalties and the possible effect of a conviction on employment.

What Can Make the Situation Worse?

Certain actions can create new problems while an OWI case is pending. Avoid:

• Driving while suspended
• Missing court
• Violating bond conditions
• Using alcohol when prohibited
• Missing required tests
• Tampering with monitoring equipment
• Posting details about the case online
• Pressuring witnesses
• Ignoring mail from the court or BMV

Following court orders does not mean that you are admitting guilt. It protects your release status and may help show the court that you take the case seriously.

The Bottom Line

A first Indiana OWI is often a misdemeanor, but it can still carry significant penalties. Depending on the facts, a person may face jail, probation, fines, treatment, monitoring, a license suspension, and increased insurance costs.

A first OWI can also become a more serious misdemeanor or felony when the case involves a high alcohol concentration, endangerment, a child passenger, injury, or death.

The maximum possible sentence is not necessarily the sentence a person will receive. The final result depends on the charge, the evidence, the person’s record, and the resolution of the case.

Speak With an Indiana OWI Attorney

If you have been charged with a first OWI in Indiana, Bellinger Law Office can help you understand the possible penalties, the driver’s-license issues, and the next steps in the court process.

A careful review of the police reports, recordings, chemical-test evidence, driving record, and personal circumstances can help you make informed decisions about your case.

Contact our office to schedule a consultation regarding an Indiana OWI charge.

This article provides general information, not legal advice, and does not create an attorney-client relationship. Laws may change, and results depend on specific facts. Speak with a qualified attorney about your situation.