Drunk and drugged driving laws in Indiana

By the end of this topic you can

• You can state Indiana's blood alcohol limits for adults and for drivers under 21.
• You can explain implied consent and what refusing a chemical test costs.
• You can describe the main penalties for an OWI conviction.
• You can recognize signs that another driver may be impaired.
• You can make a safe plan to get home without driving impaired.

What you need to know and understand

• The legal limit for drivers 21 and older is a blood alcohol concentration (BAC) of .08.
• A driver under 21 with a BAC of at least .02 but below .08 commits a Class C infraction, and the court may recommend a license suspension of up to one year (IC 9-30-5-8.5).
• Failing a chemical test brings a suspension of up to 180 days. Refusing one brings a one-year suspension, or two years with a prior OWI conviction.
• OWI covers impairment by drugs as well as alcohol, including some prescription and over-the-counter medicines.
• Courts can order an ignition interlock, which tests your breath before the car will start.
• An OWI on a boat (watercraft) goes on your driving record and carries the same license penalties.

How alcohol builds up

The manual names three main factors in your BAC: how much you drink, how fast you drink it and your body weight. Only time lowers BAC; coffee, food or a cold shower do not sober you up.

Tiredness acts in a similar way. The manual notes that being awake for 18 hours can leave you as impaired as a driver at .08.

Implied consent and what happens after an arrest

By driving in Indiana you agree to take a chemical test if an officer has probable cause to believe you are impaired. The BMV suspension for a failed test lasts up to 180 days (it can end sooner once the court deals with the charges), and for a refusal it is one year (two years if you already have an OWI conviction). These suspensions are on top of any court sentence.

The Indiana Criminal Justice Institute explains that a first OWI conviction can mean up to a year in jail, fines up to $5,000, court costs, license suspension and probation terms such as substance abuse classes. Penalties rise steeply for second and third offenses, and three OWI judgments within 10 years can make you a Habitual Traffic Violator with a 10-year suspension. A juvenile court may also recommend suspending an under-18 driver's license after an OWI citation.

Drugs, medicines and cannabis

Prescription drugs, over-the-counter medicines and recreational drugs can all impair your judgment and coordination. Read medicine labels and ask a pharmacist or doctor about side effects before driving. Indiana police have roadside oral fluid testers that can detect drugs including cannabis (THC), cocaine, methamphetamine, opiates, amphetamine and benzodiazepines. If any substance affects how you drive, do not drive.

Spotting an impaired driver

If you see these signs, keep well back, do not try to pass in a risky place, and when you are safely stopped call 911 with the location and a description of the vehicle.

• Wide turns, weaving or straddling the center line.
• Speeding or driving unusually slowly.
• Near misses, drifting or following too closely.
• Stopping for no reason or turning abruptly.
• Signaling inconsistently, or driving at night without headlights.

Common mistakes

• Believing one drink is always fine for an under-21 driver. Even a small amount can push you past .02.
• Thinking a refusal avoids trouble. It brings a longer automatic suspension than failing the test.
• Driving after taking a new medicine without checking how it affects you.
• Getting in a car with a friend who has been drinking because the trip is short.

Test yourself: Drunk and drugged driving laws in Indiana

Answer each question, then read the explanation. Questions come in a random order each time.

Go deeper

• Indiana Hands-Free Law and the Under-21 Phone Ban
• Indiana Bioptic Driver Program
• Indiana Permit Test