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Indiana Criminal Justice Institute

ICJI > Traffic Safety > Impaired Driving > Laws Laws

Operating a Motor Vehicle While Intoxicated

Read Indiana's current laws for driving while intoxicated.

If You Are Arrested for Operating a Motor Vehicle While Intoxicated

  • You will be handcuffed and taken to the police station.
  • Your car and your person will be searched.
  • Your car will be towed at your expense.
  • You will be asked to take a certified breath test. If you refuse, your license will automatically be suspended for one year. (Implied consent law IC 9-30-6-1)
  • If you take a breath test and it shows that your blood alcohol content is .08% or more, your driver’s license will be suspended for a minimum of 30 days.
  • To be released from jail, bail will have to be posted.

If You Are Convicted of Operating a Motor Vehicle While Intoxicated

First Offense

  • You will have to pay court costs and fees in excess of $300.
  • You may receive a jail sentence of up to one year.
  • You will be fined up to $5,000.
  • Your license may be suspended up to two (2) years, or
  • You may be placed on probation and be required to enroll in, and pay for, a substance abuse education course. Your license may also be suspended for a minimum of 30 days followed by a 180-day probationary period in which you can only drive for employment purposes.
  • You may be required to attend a victim impact panel.
  • You may be required to submit to urine testing for drugs and alcohol.
  • You may also face other terms of probation.

Second Offense

  • You will be imprisoned for a minimum of five days or up to three years, and/or be required to perform community service.
  • You will be fined up to $10,000.
  • Your license will be suspended at least 180 days and up to two years.
  • You will also face other terms of probation listed under first offense.

Third Offense

  • You may be imprisoned for a minimum of 10 days and up to three years and/or be required to perform community service.
  • You will be fined up to $10,000.
  • Your license will be suspended for a least one year and may be suspended for up to 10 years.
  • You may be adjudged as a habitual traffic violator.
  • You may be charged and sentenced as a habitual substance offender, for which you may be imprisoned for an additional term of one year and up to an additional eight years.
  • You will also face other terms of probation listed under first offense.

Open Containers & Consumption in a Motor Vehicle

Read Indiana's current open container and consumption laws.

Minor Consumption and Fake IDs

Read Indiana's current minor consumption and false identification laws.