Topic guideUpdated 2026-02-27
Indiana DUI Penalties — Fines, Jail & Probation
Common consequences to discuss with counsel.
First offense §9-30-5-1
A first OWI in Indiana is classified as a Class C misdemeanor (BAC 0.08-0.149%); Class A misdemeanor (BAC ≥ 0.15%).
- Jail: 0 days (Class C); 0 days (Class A) minimum to 60 days (Class C); 365 days (Class A) maximum
- Fine: $0 to $500 (Class C); $5,000 (Class A)
- License suspension: up to 2 years
- Substance abuse program: discretionary — judge may order alcohol/drug evaluation and treatment as condition of probation
- Probation: available
Second offense
- Jail: 5 days mandatory (within 7 years — Level 6 felony; or 180 hours community service) minimum to 2.5 years (Level 6 felony advisory 1 year) maximum
- Fine: $0 to $10,000
- License suspension: minimum 1 year; up to 2 years
Third and subsequent offenses
- Jail/prison: 10 days mandatory (or 360 hours community service) minimum to 2.5 years maximum
- Fine: $0 to $10,000
- License suspension: minimum 1 year; possible 5-10 years or lifetime under Habitual Traffic Violator adjudication
- Felony threshold: second offense within 7 years is a Level 6 felony; also felony with passenger under 18 while driver is 21+; Level 5 felony if serious bodily injury (1-6 years); Level 4 felony if death results (2-12 years)
Penalty comparison by offense tier
| Offense | Jail Range | Fine Range | License Suspension | |
|---|---|---|---|---|
| First OWI | 0 days (Class C); 0 days (Class A)–60 days (Class C); 365 days (Class A) §9-30-5-1 | $0–$500 (Class C); $5,000 (Class A) §9-30-5-1 | up to 2 years §9-30-5-1 | |
| Second OWI | 5 days mandatory (within 7 years — Level 6 felony; or 180 hours community service)–2.5 years (Level 6 felony advisory 1 year) §9-30-5-1 | $0–$10,000 §9-30-5-1 | minimum 1 year; up to 2 years §9-30-5-1 | |
| Third OWI | 10 days mandatory (or 360 hours community service)–2.5 years §9-30-5-1 | $0–$10,000 §9-30-5-1 | minimum 1 year; possible 5-10 years or lifetime under Habitual Traffic Violator adjudication §9-30-5-1 |
Lookback period
Indiana uses a 7 years (for felony charging); 5 years (for some enhanced provisions) Lookback period to determine how prior offenses affect sentencing. Only OWI convictions within this window count toward the escalating penalty tiers.
Enhanced penalties for aggravating factors §9-30-5-1(b)
- BAC ≥ 0.15 (Class A misdemeanor instead of Class C)
- Endangering another person
- Passenger under 18 when driver is 21+ (Level 6 felony)
- Serious bodily injury (Level 5 felony)
- Death (Level 4 felony)
- Prior OWI within 7 years
What these penalties mean in practice
Mandatory minimums cannot be suspended or reduced by the judge — they must be served. Fines do not include surcharges, court costs, and program fees, which can substantially increase the total financial impact. License suspension affects employment, insurance rates, and daily logistics.
⚠Penalty ranges are statutory minimums and maximums. The actual sentence depends on the facts, the judge, local practice, and the quality of the defense. An experienced OWI attorney can often identify mitigating factors or procedural issues that affect the outcome.
Prepare for Your Consultation
Quick checklist (DUI)
Dates matter. If you have paperwork, bring it.
Citation or arrest
paperwork
Court dates
or hearing notices
Your timeline of events
(brief)
General preparation tips only. Deadlines vary by facts and jurisdiction.
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Related guides
Legal authoritiesStatutes referenced on this page
IC § 9-30-5-1
OWI penalties by offense
Penalties escalate with each conviction. A first offense is a Class C misdemeanor (BAC 0.08-0.149%); Class A misdemeanor (BAC ≥ 0.15%); second offense within 7 years is a Level 6 felony; also felony with passenger under 18 while driver is 21+; Level 5 felony if serious bodily injury (1-6 years); Level 4 felony if death results (2-12 years).
- 1st offense: 0 days (Class C); 0 days (Class A) to 60 days (Class C); 365 days (Class A) jail, $0-$500 (Class C); $5,000 (Class A) fine, up to 2 years suspension
- 2nd offense: 5 days mandatory (within 7 years — Level 6 felony; or 180 hours community service) to 2.5 years (Level 6 felony advisory 1 year) jail, $0-$10,000 fine
- 3rd+ offense: 10 days mandatory (or 360 hours community service) to 2.5 years jail, $0-$10,000 fine
- Lookback period: 7 years (for felony charging); 5 years (for some enhanced provisions)
Verified 2026-08-31 · quarterly review
IC § 9-30-5-1(b)
Enhanced BAC penalties
Higher penalties apply when BAC reaches the enhanced threshold: 0.15 (elevates first offense from Class C to Class A misdemeanor).
Verified 2026-07-13 · quarterly review
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