DUI Laws in Indiana

0.08 for adult drivers (0.15 or more is a more serious offense); 0.02 to under 0.08 is an infraction for drivers under 21.

Operating with a BAC of 0.08 to under 0.15, or while intoxicated, is a Class C misdemeanor (up to 60 days in jail and a fine up to $500). A BAC of 0.15 or more, or intoxicated driving that endangers a person, is a Class A misdemeanor (up to 1 year and up to $5,000). Administratively, failing a chemical test brings a 180-day suspension. A court may also suspend driving privileges after conviction and may order specialized driving privileges with an ignition interlock.

Operating while intoxicated (OWI) is a Level 6 felony when: (1) the person has a previous OWI conviction within the 7 years before the new offense; or (2) the driver is 21 or older, drives with a .15 or higher alcohol level, with a schedule I or II controlled substance in the blood, or while intoxicated in a way that endangers a person, and has a passenger under 18. It is a Level 5 felony if the person has a prior conviction for OWI causing serious bodily injury, death or catastrophic injury. OWI causing serious bodily injury is a Level 5 felony (Level 4 with a prior OWI within 5 years), and OWI causing death or catastrophic injury is a Level 4 felony.

A driver who refuses a chemical test faces a one-year suspension, or two years with a prior operating-while-intoxicated conviction. Specialized driving privileges are generally not available for a refusal suspension (a court may grant limited privileges in some cases).

7 years. An OWI with a previous OWI conviction within the preceding seven years is a Level 6 felony, and a court must suspend driving privileges for at least one year for an OWI with any prior OWI conviction.

The BMV pages read do not say how long an OWI stays on the Indiana driving record. For the criminal record, a misdemeanor OWI conviction can be expunged by petition no earlier than 5 years after the conviction, and a Level 6 felony OWI no earlier than 8 years after, if the person has paid all fines and costs, has no pending charges and has no new conviction in the past 5 years. An expungement order can reach records held by the Bureau of Motor Vehicles. Felonies that caused bodily injury to another person are not eligible under the Level 6 section, and the BMV may not seal certain convictions of people who held a commercial driver's license or permit at the time of the offense.

Courts can grant 'specialized driving privileges' to eligible Indiana drivers whose privileges are suspended, including after OWI convictions, and may require an ignition interlock. People suspended for refusing a chemical test and some other categories are not eligible under the general rules.