Britton Law LLC

Important changes to Indiana’s OWI statutes

2026-05-13T18:04:16Z

As social habits, medical science and technology evolve, laws often need to change as well. Indiana frequently revises existing statutes to make them more effective and promote public safety. Operating while intoxicated (OWI) offenses are relatively common in Indiana, and numerous different statutes may apply to the arrest of drivers, the evidence gathered by the state and the penalties imposed by the courts after a conviction. Revisions to existing OWI statutes and practices can have a profound impact on the rights of defendants and what happens when they face OWI charges. What rules have recently changed in Indiana?

Ignition interlock requirements

The courts often grant those convicted of OWI offenses Specialized Driving Privileges (SDP) to continue working, receiving medical care or transporting their children. Judges in Indiana are now more likely to require the installation of an ignition interlock device (IID) in the vehicles of those securing SDP after an OWI conviction. Convicted motorists can resume their usual activities more promptly, but they must pay for the devices and perform regular tests to ensure sobriety while driving.

The use of e-warrants

Historically, police officers have required a hearing in front of the judge to secure a warrant if a motorist refuses a breath test and they must conduct a blood draw to validate their chemical impairment. Law enforcement professionals now increasingly rely on e-warrants to speed up the process of conducting a post-refusal blood draw. Those who refuse a chemical test are at risk of a one- year administrative driver's license suspension or a two-year suspension with a prior OWI on their record. A blood test through a warrant does not eliminate those penalties.

Drug-impaired OWI standards

With the legalization of hemp and Delta-8 products, more people now drive under the influence of drugs, as opposed to alcohol. Prosecutors bringing charges related to hemp or Delt-8 products need clear records of officer observations, reports from drug recognition experts (DREs) who evaluate a driver and toxicology reports. Without a per se limit, proof of impairment is a key part of the prosecution process.

Evolving expungement rules

Lawmakers continue to adjust Indiana's Second Chance statute that allows for record sealing and expungement. OWIs are typically only expungible after a lengthy waiting period, and cases that involve collisions causing injury or death may not be eligible. Finally, changes to docket management after the pandemic, substantial testing backlogs at state-certified laboratories and improved access to e-warrants all influence timelines and defense strategies for OWI cases, particularly when the state relies on a blood test to build its case. Drivers facing Indiana OWI charges need support to understand their rights and the ever-changing nuances of the law. The guidance of an attorney can help OWI defendants avoid the worst possible penalties.

What are the penalties for an underage OWI in Indiana?

2026-04-17T19:58:11Z

Operating a vehicle while intoxicated OWI charges are the Indiana equivalent of driving under the influence (DUI) offenses. Anyone accused of driving in an unsafe manner due to chemical impairment or exceeding the chemical limit for their blood alcohol concentration (BAC) could face OWI charges that lead to fines, jail time and a driver's license suspension. Underage drivers are subject to a stricter standard for their BAC, which increases the likelihood of an OWI arrest. Drivers under the age of 21 are at risk of OWI charges with a BAC of 0.02% or higher. What penalties might they face after a conviction or guilty plea?

The penalties depend on the situation

Sentencing for an underage OWI offense is similar to any other criminal matter. The details about the situation leading to charges and the discretion of the courts are key considerations. Aggravating factors can potentially worsen the allegations against a young driver and the penalties that the courts might impose. The potential penalties include a one-year driver’s license suspension, a $500 fine and a requirement to attend a victim impact panel. However, the state can also pursue felony charges with much more serious consequences if there was a minor passenger under the age of 18 in the vehicle with the impaired motorist or if the impaired underage driver causes a crash that injures others. Teenagers and 20-year-olds accused of OWI offenses may need guidance to respond effectively to the charges they’re facing. Working with a criminal defense attorney can help young drivers and their families limit the lasting consequences of a youthful mistake or a misunderstanding that has led to OWI charges.

Multiple OWI/DUI penalties in Indiana explained

2026-02-25T21:51:55Z

Indiana increases penalties each time you receive another OWI or DUI. If police arrest you for a second or third time, you face much harsher consequences.

When a second offense becomes a felony

Indiana uses a five to 10 year lookback period. If police arrest you within seven years of a prior conviction, prosecutors can charge you with a Level 6 felony under Indiana Code § 9-30-5-3. A Level 6 felony can lead to six months to 2.5 years in prison. Courts can fine you up to $10,000. Judges can suspend your license for at least one year. Judges often order probation, alcohol education and an ignition interlock device. A felony conviction can limit your job options, housing choices and professional licenses. Even a second offense can follow you for years.

Penalties for third and later OWIs

If you receive a third conviction within 10 years, prosecutors usually file a Level 6 felony charge. The state can also seek a habitual vehicular substance offender enhancement. That enhancement can add years to your sentence. Common penalties for multiple offenses include:

Prison time: 10 day minimum with a possible sentence of up to 2.5 years.
Habitual enhancement: Up to eight additional years if the state files the enhancement.
License suspension: At least one year and up to 10 years for habitual traffic violator status.
Fines: Up to $10,000.
Ignition interlock: Court ordered device required for driving privileges.

Judges also order substance abuse assessments and victim impact panels in many cases. If your BAC measures .15% or higher, prosecutors can argue that you committed an aggravated offense. If you refuse a chemical test, the Bureau of Motor Vehicles can suspend your license for two more years. That suspension can apply even if the court reduces the criminal charge.

Why speaking with a defense attorney is recommended

Indiana law sets mandatory minimum sentences for repeat OWI offenses. Prosecutors examine your record, your BAC level and the timing of prior convictions when they decide how to charge you. A defense attorney can review the traffic stop, the arrest and the chemical testing process. The attorney can also challenge improper enhancements and identify possible defenses under the law.

Penalties for a first time DUI/DWI/OWI in Indiana

2026-02-25T21:41:57Z

An arrest for operating while intoxicated (OWI), also known as driving under the influence (DUI) or driving while intoxicated (DWI), can disrupt your routine. You might seek quick clarity on what you could face, especially regarding jail time, financial penalties and your ability to drive. Indiana law can trigger both a court case and a separate license track through the Bureau of Motor Vehicles. These tracks can move simultaneously, so a clear map of possible outcomes can help.

Criminal penalties imposed by the court

Indiana law treats a first OWI charge as a misdemeanor, but the classification can vary based on the facts. If your alcohol concentration falls between 0.08 and 0.15, the charge can align with a Class C misdemeanor. If your alcohol concentration reaches 0.15 or higher, the charge can rise to a Class A misdemeanor. Indiana sentencing law may allow up to 60 days in jail and a $500 fine for a Class C misdemeanor. It may result in up to 1 year in jail and a $5,000 fine for a Class A misdemeanor.

Driver’s license and administrative consequences

Your court case may not control your driving privileges. The Bureau of Motor Vehicles may suspend your license if a chemical test shows prima facie evidence of intoxication. Indiana law can impose an administrative suspension of up to 180 days. If you refuse a chemical test, the Bureau may suspend your driving privileges for one year.

Factors that increase penalties and additional requirements

Certain details can increase exposure or add conditions, such as:

Alcohol concentration at 0.15 or higher
Driving that endangers another person
A passenger under age 18
A crash that involves injuries

You may also be subject to education programs or ignition interlock requirements, depending on the court's orders.

What timing may matter next

From here, timing often matters. You may receive a court notice listing an initial hearing date, which often appears within a few weeks of the arrest. You may also receive a separate notice from the Bureau of Motor Vehicles about a license suspension. That notice often includes a short window, sometimes measured in days rather than weeks, to request a stay or limited driving privileges. Paying attention to those dates can help you decide what needs action now and what can wait, while leaving room for different paths as the process continues.

What to do if your child is charged with an Indiana OWI

2024-12-18T03:51:51Z

If your child is charged with operating while intoxicated (OWI) in Indiana, it can have long-lasting effects on their future. An OWI conviction can appear on background checks for college applications, job interviews and rental agreements. It can also send your insurance rates through the roof. An OWI conviction can also affect your child’s eligibility for scholarships and future employment. Understanding the severity of these charges and the potential impact on their life is crucial. An OWI charge is not just a legal issue; it can influence a young person’s life for years.

Indiana’s “zero tolerance” rules

Indiana enforces zero tolerance laws for drivers under 21. This means any detectable alcohol level in a minor's system while driving can lead to charges. Here’s a breakdown of the potential penalties based on blood alcohol content (BAC):

BAC between .02% and .08%: Class C infraction, $500 fine, up to a one-year driver’s license suspension
BAC between .08% and .15%: Class C misdemeanor, $500 fine, up to 60 days in jail
BAC of .15% or higher: Class A misdemeanor, $5,000 fine, up to one year in prison

Other consequences can include mandatory attendance at an alcohol education program, a victim impact program and the installation of an ignition interlock device (IID). Penalties may vary, but they are generally severe for all minors and do not typically differ for high school and college students.

Ensure they know what to do if arrested

A parent's first instinct is to protect their children. Here are steps for you and your child to understand if they are stopped for OWI:

Stay calm and gather all relevant information about the arrest
Instruct your child to be polite to officers and follow instructions
Help them understand their right not to answer questions without a lawyer present
Contact a skilled OWI defense attorney
Discuss the case with your child and lawyer to understand all legal options
Review the police report and any available evidence
Ensure your child attends all required court appearances and programs

Consider addressing this topic with your child as soon as they get their driver’s license and before they face potential consequences.

Protecting your child’s future

Acting promptly is crucial if your child faces OWI charges. An experienced OWI lawyer can assess the circumstances of the arrest and look for possible defenses, including:

Improper conduct by officers, such as lack of probable cause
Challenging the accuracy of chemical tests
Presenting evidence of a medical condition affecting BAC results
Contesting any procedural errors in the case

A skilled lawyer can guide you through legal procedures, help minimize penalties and work to protect your child’s future. They can negotiate with the court to reduce sentencing, help expunge records and provide support throughout the legal process. Taking immediate action and seeking legal assistance can better safeguard your child's opportunities and well-being.

What is shoplifting in Indiana?

2026-06-04T19:58:07Z

Shoplifting in Indiana revolves around the intent to permanently deprive a store of merchandise without paying the stated price. It's a crime often viewed as minor by the general public, but it carries significant legal consequences. Collateral consequences are also possible with these convictions.

At its core, shoplifting involves taking merchandise from a retail establishment without intending to pay for it. This could be as straightforward as concealing an item and walking out of the store, but it also encompasses other methods such as price tag switching. This occurs when someone switches a sale tag, price sticker or barcode out with one for a less expensive item.

Sentences for shoplifting

The sentences for shoplifting in Indiana vary based on the value of the stolen goods and the individual's criminal history. Indiana law categorizes theft, including shoplifting, into either a misdemeanor or a felony, depending on these factors.

The offense is typically classified as a misdemeanor for items valued at less than $750. This could result in penalties such as fines, probation or even jail time. There might be options for diversion programs or community service instead of harsher sentences for first-time offenders.

When the value of the stolen items exceeds $750, or if the individual has a prior theft conviction, the crime escalates to a felony. Felony charges carry more severe consequences, including longer incarceration sentences and higher fines. These penalties serve as a deterrent and as a means of retribution and rehabilitation.

You or a loved one facing shoplifting charges in South Bend or northern Indiana? Put a former prosecutor with over 20 years of criminal law experience on your side. Call [nap_names id="FIRM-NAME-1"] at [nap_phone id="LOCAL-CT-NUMBER-1"] for a free consultation, or contact our South Bend office today. Serving St. Joseph County, Elkhart County, and the surrounding region.

Collateral consequences

The legal implications of shoplifting extend beyond just criminal sentencing. A conviction can have long-term effects on an individual’s life, that impacts their employment opportunities, housing options and social relationships. If the conviction was a felony, it can affect other areas of life, including the ability to own a firearm and the ability to vote.

Defendants in these cases should ensure they understand how the facts of their case may impact the sentence. This may play a role in the defense strategy they use. Working with someone familiar with these matters may be beneficial.

Three things to know about Indiana law and domestic violence

2024-01-31T19:49:43Z

Indiana officials are cracking down on domestic violence throughout the state. Lawmakers recently received a round of funding for efforts related to domestic violence and sexual assault. The funding goes to various sheriff and prosecutor offices as well as nonprofits that provide advocacy and counselling. This translates to aid that can include assistance with:

Restraining and protective orders;
Child custody matters; and
Issues finding housing.

The funds are available beginning October 1.

What is domestic violence?

Domestic violence is a legal term, and the exact definition can vary by state. In Indiana, state law refers to domestic violence as domestic battery. It defines it as a person who knowingly or intentionally touches or places bodily fluid or waste on a family member in a rude or angry way.

What are the penalties?

The charges range from misdemeanor to felony. If convicted of a felony, the accused can face up to one year in jail and a $5,000 fine. If a felony, the penalties increase and can include a $10,000 fine and three to thirty years in jail, depending on the details of the charges.

What are the defenses?

It is not uncommon to face these charges and consider a guilty plea with the hope that you can move on with your life. Unfortunately, the penalties outlined above are often just the beginning. Those with children may also struggle to get custody or visitation rights. A criminal record can also result in difficulties finding employment, housing, and even getting opportunities for higher levels of education. Because the penalties are so severe it is important to take allegations of domestic battery seriously. Defenses are available, and the right strategy will depend on the situation and can include negotiations to reduce the charges. Legal counsel can help to ensure better you understand all available options and choose the one that is best for your future.

2 ways for people to fight drug charges after a vehicle search

2026-06-04T19:55:15Z

What starts out as a basic traffic stop in Indiana can sometimes escalate into a serious criminal matter for the driver or owner of a vehicle. If police officers find prohibited drugs or controlled substances in someone's vehicle, they will very likely arrest that individual. Those accused of possession after a traffic stop might feel blindsided, as they may not have even known that the items that police officers found were in the vehicle at all. How can someone accused of drug possession because of drugs discovered during a traffic stop fight back against the charges they’re facing?

By challenging the search of their vehicle

Police officers cannot search anywhere they want just because they suspect possible criminal activity. They need to have probable cause to believe a crime occurred, permission or a warrant. Some people are able to avoid a criminal conviction or even get the courts to dismiss their charges because their lawyer can keep the most dangerous evidence from use in a trial. Proving that officers violated the law or someone's rights during a traffic stop might prevent the use of evidence gathered by the police during a criminal trial.

Facing drug charges after a vehicle search in South Bend or northern Indiana? Put a former prosecutor with over 20 years of criminal law experience on your side. Call [nap_names id="FIRM-NAME-1"] at [nap_phone id="LOCAL-CT-NUMBER-1"] for a free consultation, or contact our South Bend office today. Serving St. Joseph County, Elkhart County, and the surrounding region.

By undermining claims of constructive possession

For Indiana prosecutors to convict someone of an offense for illegal items not found on their person or in their actual possession, they must build a claim of constructive possession. If contraband is not directly in someone's possession at the time that police discover it, the prosecutor will need to establish that the person accused knew about the presence of the prohibited substance and was able to exert control over it. Even if the person arrested cannot conclusively prove who the drugs belong to or how they got in the vehicle, establishing that they were unaware of and therefore had no control over those drugs could help them develop a defense strategy. It is very common for those accused of drug offenses in Indiana to simply plead guilty, but the state imposes harsh penalties even when someone cooperates with the courts. Looking at every option for defending against drug charges may benefit those recently arrested over something that police found in their vehicle.

Reasons a breath test could be inaccurate

2024-01-31T19:49:54Z

When a breath test is administered, the goal is simply to measure a driver’s blood alcohol concentration (BAC). This determines if they are over the legal limit of 0.08%. If they are, it can be presumed that they are impaired. If they are not, the police may still argue that they are impaired, but they will have to provide other proof of this allegation before they can justifiably arrest the driver for drunk or otherwise impaired operation of a motor vehicle. Many people assume that breath tests are inherently accurate. After all, they’re very commonly used and they often serve as strong evidence in court. But are there some reasons that a breath test could actually be inaccurate? How could someone fail a breath test and appear to be over the legal limit when they actually were not?

The test wasn’t calibrated

One potential issue is that breath tests need to be calibrated at certain times to make sure they’re still working properly. If the breath test has been neglected and ignored, how sure can authorities be that the readings are correct?

The officer made a mistake

Additionally, a breath test is only a tool. It is only as useful as the person administering it. If a police officer makes a mistake in how they perform a test, then the results that they get may not actually be accurate. Similarly, police officers need to be trained prior to using breath tests. Lack of training can call the accuracy of the test into question.

Something else triggered the test

In some cases, a positive breath test result will actually be triggered by something that may not be a violation of the law. An example of this could be if the person taking the test recently used mouthwash. They could still have a high alcohol concentration in their mouth, which is going to give them a higher reading on the test, even though mouthwash doesn’t actually lead to any impairment. These are just a few examples of why breath tests are not as dependable as people assume. Those who are facing drunk driving charges need to know about all their legal defense options, including the possibility of calling a breath test into question. Speaking with a legal professional about defense strategy is usually the best first step forward.

When can you claim self-defense in response to a charge?

2024-01-31T19:49:58Z

Any behavior that causes physical harm to someone else will likely lead to criminal charges under Indiana state statutes. You could find yourself accused of homicide or assault when the truth is that you simply wanted to protect yourself from someone else's criminal intentions. Although Indiana does have strict rules that criminalize violent physical contact and the negligent or intentional harming of another person, there are numerous scenarios in which otherwise illegal actions become technically legal. Someone accused of assault, murder or another violent offense might potentially respond to those accusations by raising a claim of self-defense. What does Indiana permit as self-defense?

Using physical force is permissible to protect yourself or others

There are numerous circumstances in which it is legal for someone to use physical force. For example, if someone intrudes into your home without permission, you can use what would otherwise be unlawful force to protect yourself, your property and your family. When you are in public spaces, you can defend yourself from acts of violence with physical force so long as you are in that space lawfully. If you fear for your own safety because someone has threatened you or has already physically injured you, you can use the degree of force that you deem necessary to stop their attack or extricate yourself from the situation. People can also raise a claim of self-defense if they acted to protect someone else from a crime in progress or an imminent physical threat.

Self-defense claims are only one option

Asserting that they acted in self-defense may be the best response for some people accused of violent crimes in Indiana. If the state has physical evidence or camera footage tying them to an incident, their lawyer may not be able to convince the courts that they were not present or involved. However, they could change the perception of what happened to make it clear that the defendant's actions aligned with state law instead of violating it. There are other defense strategies that can work in different situations, including challenging the evidence the state has gathered or providing an alternate explanation. Fighting back against violent criminal charges requires an understanding of state law and knowledge of what evidence the prosecution will present in court.