First Offense OWI in Indiana

Under Indiana state law, the Hoosier state uses the term "Operating a Vehicle While Intoxicated (OVWI)" instead of "Driving Under the Influence (DUI)". The OVWI or OWI is a broad term that covers all offenses in which the driver was under the influence of alcohol or drugs. There are three major crime classifications under the OVWI, namely:

• Class A and C Misdemeanors "Per Se" Offenses.
• Class A and C Misdemeanors "Intoxicated" Offenses
• Felony Offenses

For instance, it is a class C misdemeanor if the offender's blood-alcohol concentration is 0.08% or more but less than 0.15 grams of alcohol by weight.

Indiana OWI laws and penalties are designed to serve as a deterrent against unsafe driving practices. OWI offenses come with severe penalties even if you have no prior OWI conviction. For instance, offenders may face jail terms, pay fines, or lose their driving privileges. Penalties may also include court-mandated programs like rehabilitation and community service. Note that OWI convictions also lead to long-term consequences like limited job opportunities and high insurance premiums.

What Qualifies as a First OWI in Indiana?

In Indiana, you are considered a first-time OWI offender if there are no prior convictions for the offense. The state law also includes these general criteria for OWI offenders:

• The BAC is at least 0.08 but less than 0.15 grams of alcohol per weight.
• Your driving ability is impaired by controlled substances.
• You were transporting a minor while intoxicated.
• You were intoxicated while driving and caused bodily harm to another person.
• You were intoxicated while driving and caused the death of another person.

Blood alcohol concentration (BAC) is the percentage of alcohol in a person's blood. The state law sets different limits based on a person's age and vehicle type. For example, the BAC limit is 0.04% for commercial drivers and 0.03% for drivers under 21 years old.

Officers may determine BAC levels through chemical tests like breathalyzers, urine, and blood tests. Chemical tests also help to detect the presence of controlled substances. Besides chemical tests, officers may conduct field sobriety tests, which assess the driver's body coordination and mental clarity.

Possible Penalties for a First Offense OWI in Indiana

First-time OWI offenses come with different penalties, which are often determined by the circumstances of the incident. That being said, offenders may face these possible penalties:

• A maximum one-year sentence.
• You may pay fines up to $5,000.
• Your license may be suspended for up to two years.
• Compulsory attendance of the victim impact panel.
• Compulsory urine test for drugs and alcohol.
• Court-imposed probation.
• Mandatory correctional programs include substance abuse education courses.
• Installation of an ignition interlock device.

Do You Lose Your License for a First OWI in Indiana?

Yes, you may lose your license for 30 days after an arrest for an OWI-related incident. At the initial hearing for the offense, the court may impose a one-year suspension of the driver's license.

During the hearing, the offender may reveal an intention to apply for a specialized driving permit at the court. The restricted driving permit allows you to drive to specific locations while your driver's license is suspended. To apply for a restricted driving permit, you must send an application to the court that handled the case. The application must contain the petitioner's personal information and the reasons why the court must grant the permit.

Note: Refusing a chemical test after an OWI arrest may automatically trigger a one-year license suspension.

What Is the Implied Consent Law in Indiana, and How Does It Affect First OWI Cases?

Per IC 9-30-6-1, a person who operates a vehicle in the state has already consented to chemical tests required during OWI-related incidents. The state law empowers peace officers to conduct one or more tests if an offender is suspected of driving while intoxicated. Note that the officers must administer the tests within three hours after they have probable cause to arrest the offender. Furthermore, the offender must be conscious before they may administer the test.

Persons who refuse to take the tests may receive an automatic one-year suspension. In addition to this, officers may present the refusal as evidence of guilt during the court hearing.

Note: It is possible to contest a refusal during a court hearing. However, you must provide compelling evidence to back up your stance.

Is an Ignition Interlock Device Required for a First OWI Offense in Indiana?

Yes, you are required to install an ignition interlock device after most OWI convictions. The court may issue an order that the offender must install a certified IID before they may receive a restricted driver's permit. Offenders are required to maintain the device for the duration of the license suspension.

Note: In Indiana, the offender is responsible for all costs incurred during installation, maintenance, and removal of the IID.

Can a First OWI Be Dismissed or Reduced in Indiana?

In some cases, it may be possible to get the court to dismiss or reduce your OWI charges. For most first-time OWI offenses, you may use the plea bargain to reduce the offense to lesser charges. Note that lesser charges, like reckless driving, may carry less severe administrative penalties.

To get your case dismissed, you may state that there was no probable cause for the officer to stop the vehicle. You may also rely on legal technicalities and improper arrest procedures to get a dismissal.

Per IC 9-30-9-4, you are eligible for a dismissal if you fulfill the court-outlined conditions. Such conditions may include completing substance abuse rehabilitation programs or community service.

Long-Term Consequences of a First OWI

First-time OWIs may have long-term consequences since they are publicly visible in driving or criminal records. These convictions may affect your insurance premium rates and limit future job applications. For instance, you may lose job opportunities in industries that require employees to have a valid driver's license. An OWI conviction also limits your freedom of movement since it temporarily suspends your driving privileges.

Do You Need an OWI Attorney in Indiana?

Yes, you need to hire an OWI attorney to help you navigate Indiana's complex legal system. OWI attorneys understand the severe penalties and consequences of such cases. Furthermore, they know how to mitigate these consequences by pushing for reduced or dismissed charges.