Indiana has two sets of procedures that you must attend to when you have been charged with an OWI—administrative and judicial. We suggest that you consult with an OWI attorney immediately to make sure you get the best advice for your particular situation as laws are always changing.
Administrative License Revocation (ALR) Procedures
Indiana BMV (Bureau of Motor Vehicles)
Indiana is one of 42 states that has implemented ALR which means that your license will be confiscated immediately if your BAC is above .08 OR if you refuse a BAC test. Your license will either be suspended or revoked at that point, even though you have not been officially convicted in a criminal trial. In fact, you can be charged with an administrative license suspension even if you are not later charged with driving under the influence offense. This action was designed to be in addition to and separate from the traditional OWI judicial conviction penalties such as license suspension, jail time, community service hours, ignition interlock device (IID), and alcohol and drug rehabilitation.
You will be given a 10 day grace period during which you can drive under a temporary driving permit issued by the officer at the scene. During that time, you can request a hearing to challenge this case. This case will be heard by an administrative law judge. If you do not request a hearing, your license will be automatically suspended on the 11th day for 6 months, although first-time offenders can request a work permit after 30 days. After the suspension period, you may be required to get an ignition interlock device.
Remember that this is a separate case from the judicial case, with separate authorities and separate rulings. This can be a very important influence upon the judicial procedures, but you must act very quickly if you wish to challenge this.
In Indiana, the drunk driving law prohibits a person from driving when they have a BAC of .08% or higher. Courts may order the installation and monitoring of an interlock device, depending on their judgment.
License Revocation, Fines and Jail
- First Offense – Class C or Misdemeanor: up to $500 fine [up to $5,000 if BAC 0.15 or above], 30 to 60 days in jail [up to 1 year if BAC 0.15 or above], 90 days to 2 years license suspension (after 30 days the court may stay execution of suspension and grant probationary restricted driving privileges either with or without an ignition interlock for 180 days instead), possible ignition interlock restriction for a period not to exceed the maximum term of imprisonment the court could have imposed, possible alcohol/drug abuse assessment and appropriate treatment, may be required to attend a victim impact panel
- Second Offense – Class D Felony: up to $10,000 fine, between 5 days and 3 years in jail, 180 days to 2 years license suspension (probationary ignition interlock restricted driving privileges may be available after 180 days suspension), possible ignition interlock restriction for a period not to exceed the maximum term of imprisonment the court could have imposed, mandatory 180 hours community service or restitution, possible alcohol/drug abuse assessment and appropriate treatment, may be required to attend a victim impact panel.
- Third Offense – Class D Felony: up to $10,000 fine, 10 days to 3 years in jail, minimum 1 year to 10 years license suspension, possible ignition interlock restriction for a period not to exceed the maximum term of imprisonment the court could have imposed, mandatory 360 hours community service or restitution, alcohol/drug abuse assessment and appropriate treatment, may be required to attend a victim impact panel, may be declared as habitual traffic violator. (If you are charged and sentenced as a habitual substance offender, you may be imprisoned for an additional 1 to 8 years in jail.)