Can You Go to Jail for a First Offense OWI in Indiana?
Contrary to what many people believe, a first offense operating while intoxicated (OWI) is a very serious matter in Indiana. Many people think there is no jail time associated with a first offense for an OWI in the state, but that is not true. Still, there is also no mandatory jail sentence for a first offense OWI. Below, our Indianapolis OWI lawyer explains the penalties you may face for a first offense.
What are the Penalties for a First Offense OWI?
First offense OWIs in Indiana are usually charged as misdemeanor offenses. Still, there are circumstances that can elevate the offense to a felony offense. Knowing all of the possible penalties can help you understand what is at stake.
An OWI classified as a Class C misdemeanor has a statutory fine of $500, but the total costs can add up to much more than that. Court costs, alcohol program fees, probation costs, and other assessments can result in a total cost of thousands of dollars. When a person’s blood alcohol concentration (BAC) is 0.15 percent or higher, they may face Class A misdemeanor charges, which carry a maximum fine of $5,000.
In addition to the legal fees, insurance premiums can also increase.
Driver’s License Suspension
A conviction for a first OWI in Indiana will likely result in a driver’s license suspension between 90 days and two years. Refusing a certified chemical test, can result in an administrative suspension of 365 days in addition to the court-ordered suspension. Certain individuals are eligible for specialized driving privileges that may allow them to get to school, work, and manage daily errands.
Are First OWI Offenders Sentenced to Jail?
Even a Class C misdemeanor, the least serious of all OWI offenses, is punishable by up to 60 days in jail. A Class A misdemeanor is punishable by up to one year in jail. In Indiana, there is no mandatory jail sentence for a first OWI offense. It is up to the judge’s discretion whether a person serves jail time or not for a first-time OWI.
There are many factors that a judge will consider when making this decision. They are more likely to consider alternative sentences when a defendant does not have a prior criminal history, took responsibility and showed remorse, and have strong ties to their community and stable employment. Voluntary participation in alcohol education courses or treatment, and a BAC close to 0.08 percent, can also help an individual avoid jail time after a first OWI offense.
Our OWI Lawyers in Indianapolis Can Help
At Rigney Law, LLC, our Indianapolis OWI lawyer will review the details of your case, identify weaknesses in the prosecution’s evidence, and negotiate on your behalf for the best solution for your situation. Call us today at 317-623-0989 or fill out our online form to schedule a free consultation.
Source:
iga.in.gov/laws/2025/ic/titles/9#9-30-5-1