Operating While Intoxicated
IC 9-30-5-1 — 0.08 is a Class C misdemeanor, and 0.15 a Class A misdemeanor
| Driving | Level |
|---|---|
| DrivingWith an alcohol concentration of at least 0.08 but less than 0.15 | LevelClass C misdemeanor |
| DrivingWith an alcohol concentration of at least 0.15 | LevelClass A misdemeanor |
| DrivingWith a schedule I or II controlled substance or its metabolite in the blood | LevelClass C misdemeanor |
| DrivingWhile intoxicated | LevelClass C misdemeanor |
| DrivingWhile intoxicated, in a manner that endangers a person | LevelClass A misdemeanor |
Who handles this in Indiana: legal aid programs and the state offices, listed in the Indiana directory.
- Taking the controlled substance under a valid prescription or practitioner's order is a defense to the drug charge.
- So is the case where the substance is marijuana or its metabolite, the person was not intoxicated, caused no accident, and the substance was found by a chemical test taken under the crash testing chapter.
- Driving somewhere other than a highway is no defense to any charge under the chapter.
| With previous convictions of operating while intoxicated | The court orders, at the least |
|---|---|
| With previous convictions of operating while intoxicatedOne previous conviction | The court orders, at the leastTen days of imprisonment or 240 hours of community restitution or service, and an assessment and any treatment found appropriate |
| With previous convictions of operating while intoxicatedTwo or more previous convictions | The court orders, at the leastTwenty days of imprisonment or 480 hours of community restitution or service, and an assessment and any treatment found appropriate |
Those minimum sentences may not be suspended. At least 48 hours are served in a row, and the whole of it within six months of sentencing, though the person earns good time credit while serving it.
Sources for this section (4)
- IC 9-30-5-1 — Class C misdemeanor; defense
- IC 9-30-5-2 — Class A misdemeanor
- IC 9-30-5-9 — Operation of vehicle in place other than public highway
- IC 9-30-5-15 — Imprisonment; community restitution or service; alcohol or drug abuse treatment
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Indiana attorney.