Nearly 20 Years Of Criminal Law Experience Defending The People Of South Bend

OWI Lawyer Explains New Indiana Laws

Indiana has updated its standards for operating while intoxicated (OWI) offenses to deter individuals from committing similar mistakes. Attorney Peter A. Britton can help you navigate these changes and understand the stakes.

After opening Britton Law LLC in 2016, attorney Britton has been using his experience as a former prosecutor to help clients facing OWI charges in South Bend and Elkhart, Indiana.

Terminology And Scope In Indiana Law

While “DUI” and “DWI” are common colloquial terms, Indiana courts primarily utilize OWI as the legal standard under Indiana Code section 9-30-5. Law enforcement officers may charge offenders by proving:

A blood alcohol concentration (BAC) of .08% or higher
Impairment through circumstantial evidence, driving behavior or field sobriety tests

This statute penalizes offenders who are operating a vehicle while under the influence of alcohol, controlled substances or their combination. The vehicle does not need to be moving; the courts focus on an operator’s actual physical control of the vehicle.

New Indiana Laws You Must Know

Recent updates to Indiana’s OWI laws include:

Judges must impose 10 to 20 days of jail time or community service on repeat offenders.
OWI rules apply to boats.
Drugged driving now counts toward Habitual Traffic Violator status.
Police can use chemical tests right at the roadside under certain conditions.
Courts can only order ignition interlocks for alcohol-related offenses.
Local judges can decide pre-trial license status.
Drivers can skip the initial hearing to apply for specialized driving privileges (SDP) immediately.

These updates aim to deter locals from driving irresponsibly.

What Indiana Law Says About The Thresholds For OWI Charges

Operating a vehicle in Indiana implies consent to chemical testing. Statutory BAC limits include:

.08% for standard operators
.04% for commercial drivers
.02% to .08% for underage drivers

Refusing a test may trigger the Bureau of Motor Vehicles (BMV) to suspend your license, which may last a year for a first offense and two years for priors. Law enforcement can secure a search warrant for a mandatory blood draw despite a refusal. Failing the chemical test leads to a license suspension of up to 180 days.

The Tiered System Of OWI Offenses In Indiana

The courts classify OWI offenses based on aggravating factors and prior history:

Class C misdemeanor: A standard first offense that has a BAC level between .08% and .14%, with up to 60 days in jail and up to $500 in fines

Class A misdemeanor: An aggravated first offense that involves endangerment or a .15% BAC or higher, with up to one year in jail and up to $5,000 in fines

Level 6 felony: A second OWI offense within five years or involving an underage passenger at the time of arrest, which may include six months to two and a half years in prison and up to $10,000 in fines

Felony enhancements: Level 5 felony for an OWI offense involving serious bodily injury, but higher levels may apply if death occurs

Habitual Vehicular Substance Offender (HVSO) enhancement: Repeat offenders face an additional one to eight years of imprisonment to the underlying sentence.

Outcomes vary based on individual criminal history and specific case facts.

How An OWI Offense Impacts Your Driving Record

OWI chemical test failures or refusals trigger immediate administrative suspensions, followed by potential court-ordered post-conviction suspensions. Suspended drivers may petition for an SDP, which allows restricted driving under strict parameters.

Full license reinstatement requires complete sentence compliance, BMV fee payments, submission of an SR-22 insurance certificate and proof of required treatment completion. Reinstatement is unavailable for commercial operations, drivers who never held a valid license or offenses resulting in death.

Ignition Interlock: How It Works And When It’s Required

Depending on the circumstances, a judge may mandate an Ignition Interlock Device (IID) as part of the requirements of an offender’s SDP. Usually, those with repeat offenses, high BAC levels and chemical test refusals face this order.

A driver assumes all costs for the installation, calibration and monthly maintenance of the IID. The device logs every breath test attempt, passed test, engine startup, rolling retest and tamper attempt. The IID’s vendor reports the collected data to the monitoring authority.

Special Classes Under OWI Law

In Indiana, the law enforces enhanced OWI penalties for specific driver classes:

Underage drivers with a BAC of .02 % to less than .08% can face a Class C infraction, which includes fines and a potential one-year license suspension. A BAC higher than .08% triggers standard adult criminal OWI charges.
Commercial drivers with a BAC of .04% can face a license disqualification.

Facing an OWI conviction comes with consequences that affect your life.

What Lies Ahead After An OWI Conviction

An OWI conviction carries severe long-term consequences, including insurance premium spikes, mandatory SR-22 filings, employment obstacles and travel restrictions. However, Indiana offers a second chance through expungement, allowing eligible individuals to seal conviction records after a mandatory waiting period.

Let Attorney Peter A. Britton Help You Carry The Burden

OWI charges in Indiana can be technical, and facing them alone can be overwhelming. Attorney Britton is ready to be your legal advocate. Contact him at 574-218-0989 to set a free consultation or fill out his law firm’s online contact form.