Indiana OWI LAW
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Indiana Operating While Intoxicated Laws
Chapter 5. Operating a Vehicle While Intoxicated
(Effective July 1, 2001)
IC 9-30-5-1
Sec. 1.
(a) A person who operates a vehicle with an
alcohol concentration equivalent to at least
eight-hundredths (0.08) gram of alcohol but
less than fifteen-hundredths (0.15) gram of
alcohol per:
- one hundred (100) milliliters of the
person's blood; or
- two hundred ten (210) liters of the
person's breath; commits a Class C misdemeanor.
(b) A person who operates a vehicle with an
alcohol concentration equivalent to at least
fifteen-hundredths (0.15) gram of alcohol per:
- one hundred (100) milliliters of the
person's blood; or
- two hundred ten (210) liters of the
person's breath; commits a Class A misdemeanor.
(c) A person who operates a vehicle with a
controlled substance listed in schedule I or II of IC
35-48-2 or its metabolite in the person's body commits
a Class C misdemeanor.
(d) It is a defense to subsection (c) that the accused person consumed the controlled
substance under a valid prescription or order of a
practitioner (as defined in IC 35-48-1) who
acted in the course of the practitioner's professional
practice.

IC 9-30-5-2
Sec. 2.
(a) Except as provided in subsection (b),
a person who operates a vehicle while intoxicated
commits a Class C misdemeanor.
(b) An offense described in subsection (a) is a Class A misdemeanor if the person
operates a vehicle in a manner that endangers a
person.

IC 9-30-5-3
Sec. 3.
A person who violates section 1 or 2 of this chapter
commits a Class D felony if:
- the person has a previous conviction of
operating while intoxicated; and
- the previous conviction of operating while
intoxicated occurred within the five (5) years immediately preceding the occurrence of the
violation of section 1 or 2 of this chapter.

IC 9-30-5-4
Sec. 4.
(a) A person who causes serious bodily injury to
another person when operating a motor vehicle:
- with an alcohol concentration equivalent to at
least eight-hundredths (0.08) gram of alcohol per:
- one hundred (100) milliliters of the person's blood; or
- two hundred ten (210) liters of the person's breath;
- with a controlled substance listed in schedule I
or II of IC 35-48-2 or its metabolite in the person's body; or
- while intoxicated;
commits a Class D felony. However, the offense is a
Class C felony if, within the five (5) years
preceding the commission of the offense, the person
had a prior unrelated conviction under this chapter.
(b) A person who violates subsection (a) commits a
separate offense for each person whose serious
bodily injury is caused by the violation of
subsection (a).
(c) It is a defense under subsection (a)(2) that the accused person consumed the controlled substance
under a valid prescription or order of a
practitioner (as defined in IC 35-48-1) who acted in
the course of the practitioner's professional practice.

IC 9-30-5-5
Sec. 5.
(a) A person who causes the death of another
person when operating a motor vehicle:
- with an alcohol concentration equivalent to at
least eight-hundredths (0.08) gram of
alcohol per:
- one hundred (100) milliliters of the person's blood; or
- two hundred ten (210) liters of the person's breath;
- with a controlled substance
listed in schedule I or II of IC 35-48-2 or
its metabolite in the person's body; or
- while intoxicated; commits a Class C
felony. However, the offense is a Class B
felony if, within the five (5) years
preceding the commission of the offense, the
person had a prior unrelated conviction
under this chapter.
(b) A person who violates subsection (a) commits a separate offense for each person
whose death is caused by the violation of subsection (a).
(c) It is a defense under subsection (a)(2) that the accused
person consumed the controlled substance under a valid prescription or order of a
practitioner (as defined in IC 35-48-1) who acted in the course of the
practitioner's professional practice.

IC 9-30-5-6
Sec. 6.
(a) A person who operates a vehicle in violation of any term of a probationary
license issued under this chapter, IC 9-30-6, or IC 9-30-9 commits a Class C
infraction.
(b) In addition to any other penalty imposed under this section,
the court may suspend the person's driving privileges for a period of not more than one (1) year.
(c) The bureau shall send notice of a judgment entered
under this section to the court that granted the defendant probationary driving
privileges.

IC 9-30-5-7
Sec. 7.
(a) A person who violates a court order issued under section 16 of this
chapter commits a Class A misdemeanor.
(b) Except as provided in subsection (c), a person who knowingly assists
another person who is restricted to the use
of an ignition interlock device to violate a
court order issued under this chapter
commits a Class A misdemeanor.
(c) Subsection (b) does not apply if the
starting of a motor vehicle, or the request
to start a motor vehicle, equipped with an
ignition interlock device:
- is done for the purpose of safety or mechanical repair of the device or the
vehicle; and
- the restricted person does not operate the vehicle.
(d) A person who, except in an emergency,
knowingly rents, leases, or loans a motor vehicle
that is not equipped with a functioning ignition
interlock device to a person who is restricted under
a court order to the use of a vehicle with an
ignition interlock device commits a Class A
infraction.
(e) A person who is subject to an ignition interlock device restriction
and drives another vehicle in an emergency situation must notify the court of the
emergency within twenty-four (24) hours.

IC 9-30-5-8
Sec. 8.
(a) A person who tampers with an ignition interlock
device for the purpose of:
- circumventing the ignition interlock device; or
- rendering the ignition interlock device
inaccurate or inoperative; commits a Class B infraction.
(b) A person who solicits another person to:
- blow into an ignition interlock device; or
- start a motor vehicle equipped with an ignition interlock device;
for the purpose of providing an operable vehicle to
a person who is restricted to driving a vehicle with
the ignition interlock device commits a Class C infraction.

IC 9-30-5-8.5
Sec. 8.5.
(a) A person who:
- is less than twenty-one (21) years of age; and
- operates a vehicle with an alcohol concentration
equivalent to at least two-hundredths (0.02) gram
but less than eight-hundredths (0.08) gram of alcohol per:
- one hundred (100) milliliters of the person's blood; or
- two hundred ten (210) liters of the
person's breath; commits a Class C infraction.
(b) In addition to the penalty imposed under this
section, the court may recommend the suspension of
the driving privileges of the operator of the
vehicle for not more than one (1) year.

IC 9-30-5-9
Sec. 9.
It is not a defense in an action under this chapter
that the accused person was operating a vehicle in a
place other than on a highway.

IC 9-30-5-10
Sec. 10.
(a) In addition to a criminal penalty imposed
for an offense under this chapter or IC 14-15-8, the
court shall, after reviewing the person's bureau
driving record and other relevant evidence,
recommend the suspension of the person's driving
privileges for the fixed period of time specified
under this section.
(b) If the court finds that the person:
- does not have a previous conviction of operating
a vehicle or a motorboat while intoxicated; or
- has a previous conviction of operating a vehicle
or a motorboat while intoxicated that occurred at
least ten (10) years before the conviction
under consideration by the court;
the court shall recommend the suspension of the
person's driving privileges for at least ninety (90) days but not more than two (2) years.
(c) If the court finds that the person has
a previous conviction of operating a vehicle or a
motorboat while intoxicated and the previous
conviction occurred more than five (5) years
but less than ten (10) years before the
conviction under consideration by the court, the
court shall recommend the suspension of the person's
driving privileges for at least one hundred eighty (180) days but not more than two (2) years. The court may stay the execution of that part
of the suspension that exceeds the minimum period of
suspension and grant the person probationary driving
privileges for a period of time equal to the length
of the stay. If the court grants probationary
driving privileges under this subsection, the court
may order that the probationary driving privileges
include the requirement that the person may not
operate a motor vehicle unless the motor vehicle is
equipped with a functioning certified ignition
interlock device under IC 9-30-8.
(d) If the court finds that the person has
a previous conviction of operating a vehicle or a
motorboat while intoxicated and the previous
conviction occurred less than five (5) years
before the conviction under consideration by the
court, the court shall recommend the suspension of
the person's driving privileges for at least one (1) year but not more than two (2) years.
The court may stay the execution of that part of the
suspension that exceeds the minimum period of
suspension and grant the person probationary driving
privileges for a period of time equal to the length
of the stay. If the court grants probationary
driving privileges under this subsection, the court
may order that the probationary driving privileges
include the requirement that the person may not
operate a motor vehicle unless the motor vehicle is
equipped with a functioning certified ignition
interlock device under IC 9-30-8.
(e) If the conviction under consideration
by the court is for an offense under:
- section 4 of this chapter;
- section 5 of this chapter;
- IC 14-15-8-8(b); or
- IC 14-15-8-8(c);
the court shall recommend the suspension of the
person's driving privileges for at least two (2) years but not more than five (5) years.
(f) If the conviction under consideration
by the court is for an offense involving the use of
a controlled substance listed in schedule I, II,
III, IV, or V of IC 35-48-2, the court shall
recommend the suspension or revocation of the
person's driving privileges for at least six (6) months.

IC 9-30-5-11
Sec. 11.
(a) If a court grants a person probationary driving
privileges under section 12 of this chapter, the
person may operate a vehicle only as follows:
- To and from the person's place of employment.
- For specific purposes in exceptional circumstances.
- To and from a court-ordered treatment program.
(b) If the court grants the person probationary
driving privileges under section 12(a) of this
chapter, that part of the court's order granting
probationary driving privileges does not take effect
until the person's driving privileges have been
suspended for at least thirty (30) days under IC
9-30-6-9.
(c) The court shall notify a person who is
granted probationary driving privileges of the following:
- That the probationary driving period commences
when the bureau issues the probationary license.
- That the bureau may not issue a probationary
license until the bureau receives a reinstatement
fee from the person and the person otherwise qualifies for a license.

IC 9-30-5-12
Sec. 12.
(a) If:
- a court recommends suspension of a person's
driving privileges under section 10(b) of
this chapter for an offense committed under this chapter; and
- the person did not refuse to submit to a
chemical test offered under IC 9-30-6-2 during the
investigation of the offense;
the court may stay the execution of the
suspension of the person's driving privileges and
grant the person probationary driving privileges for
one hundred eighty (180) days.
(b) An order for probationary privileges
must be issued in accordance with sections 11 and 13
of this chapter.
(c) If:
- a court recommends suspension of a person's
driving privileges under section 10(c), 10(d),
or 10(e) of this chapter for an offense
committed under this chapter; and
- the period of suspension recommended by the
court exceeds the minimum permissible fixed period
of suspension specified under section 10 of this chapter;
the court may stay the execution of that part of
the suspension that exceeds the minimum fixed period
of suspension and grant the person probationary
driving privileges for a period of time equal to the
length of the stay.
(d) In addition to the other requirements
of this section, if a person's driving privileges
are suspended or revoked under section 10(f) of this chapter, a court must find that compelling
circumstances warrant the issuance of probationary
driving privileges.
(e) Before a court may grant probationary
driving privileges under this section, the person to
whom the probationary driving privileges will be
granted must meet the burden of proving eligibility
to receive probationary driving privileges.

IC 9-30-5-13
Sec. 13.
(a) An order for probationary driving
privileges granted under section 12 of this chapter
must include the following:
- A requirement that the person may not violate a traffic law.
- A restriction of a person's driving privileges
providing for automatic execution of the suspension
of driving privileges if an order is issued under
subsection (b).
- A written finding by the court that the court
has reviewed the person's driving record and other
relevant evidence and found that the person
qualifies for a probationary license under section
12 of this chapter.
- Other reasonable terms of probation.
(b) If the court finds that the person has
violated the terms of the order granting
probationary driving privileges, the court shall
order execution of that part of the sentence
concerning the suspension of the person's driving
privileges.

IC 9-30-5-14
Sec. 14.
(a) A person whose driving privileges are
suspended under section 10 of this chapter:
- is entitled to credit for any days during which
the license was suspended under IC 9-30-6-9(b); and
- may not receive any credit for days during which
the person's driving privileges were suspended under
IC 9-30-6-9(a).
(b) A period of suspension of driving
privileges imposed under section 10 of this chapter
must be consecutive to any period of suspension
imposed under IC 9-30-6-9(a). However, if the
court finds in the sentencing order that it is in
the best interest of society, the court may
terminate all or any part of the remaining
suspension under IC 9-30-6-9(a).

IC 9-30-5-15
Sec. 15.
(a) In addition to any criminal penalty
imposed for an offense under this chapter, the court
shall:
- order:
- that the person be imprisoned for at least
five (5) days; or
- the person to perform at least thirty (30) days of community restitution or service; and
- order the person to receive an
assessment of the person's degree of alcohol and
drug abuse and, if appropriate, to successfully
complete an alcohol or drug abuse treatment program,
including an alcohol deterrent program if the person
suffers from alcohol abuse; if the person has one (1) previous conviction of operating while intoxicated.
(b) In addition to any criminal penalty
imposed for an offense under this chapter, the court
shall:
- order:
- that the person be imprisoned for at least ten (10) days; or
- the person to perform at least sixty (60) days of community restitution or service; and
- order the person to receive an
assessment of the person's degree of alcohol and
drug abuse and, if appropriate, to successfully
complete an alcohol or drug abuse treatment program,
including an alcohol deterrent program if the person
suffers from alcohol abuse; if the person has at
least two (2) previous convictions of
operating while intoxicated.
(c) Notwithstanding IC 35-50-2-2 and IC
35-50-3-1, a sentence imposed under this section may
not be suspended. The court may require that the
person serve the term of imprisonment in an
appropriate facility at whatever time or intervals
(consecutive or intermittent) determined appropriate
by the court. However:
- at least forty-eight (48) hours of the
sentence must be served consecutively; and
- the entire sentence must be served within six (6) months after the date of sentencing.
(d) Notwithstanding IC 35-50-6, a person
does not earn credit time while serving a sentence
imposed under this section.

IC 9-30-5-16
Sec. 16.
(a) Except as provided in subsection (b), the court
may, in granting probationary driving privileges
under this chapter, also order that the probationary
driving privileges include the requirement that a
person may not operate a motor vehicle unless the
vehicle is equipped with a functioning certified
ignition interlock device under IC 9-30-8.
(b) A court may not order the installation of an
ignition interlock device on a vehicle operated by
an employee to whom any of the following apply:
- Has been convicted of violating IC 9-30-5-1 or
IC 9-30-5-2.
- Is employed as the operator of a vehicle owned,
leased, or provided by the employee's employer.
- Is subject to a labor agreement that prohibits
an employee who is convicted of an alcohol related
offense from operating the employer's vehicle.

IC 9-30-5-17
Sec. 17.
(a) In addition to:
- a sentence imposed under this chapter for a
felony or misdemeanor; and
- an order for restitution to a victim;
the court shall, without placing the individual
on probation, or as a condition of probation, order
the individual to make restitution to the emergency
medical services restitution fund under IC 16-31-8
for emergency medical services necessitated because
of the offense committed by the individual.
(b) An order for restitution under this
section may not be for more than one thousand
dollars ($1,000).
(c) In making an order for restitution
under this section, the court shall consider the
following:
- The schedule of costs submitted to the court
under IC 16-31-8-5.
- The amount of restitution that the individual is
or will be able to pay.
(d) The court shall immediately forward a
copy of an order for restitution made under this
section to the Indiana emergency medical services
commission under IC 16-31-8.