Things Out-of-State Drivers Should Know About DUIs in Indiana
Indiana is known as the Crossroads of America, and for good reason. The I-94, I-80, I-74, I-70, and I-65 all run through the state, meaning that millions of out-of-state drivers use Indiana as a thoroughfare every year. Visitors also come to the state for college football, the Brickyard 400, family events, business trips, and of course, the Indianapolis 500.
While most of these visits end with nothing more than good memories and perhaps some souvenirs, some drivers head back home with an Indiana charge for operating while intoxicated (OWI). Our Indianapolis OWI lawyers explain what this means for visiting drivers below.
Indiana’s State Laws Apply
The drunk driving laws in Indiana apply to everyone on the state’s roads. This means that any motorist from Michigan, Illinois, Ohio, or any other state can face legal penalties if they operate a motor vehicle with a blood alcohol concentration (BAC) of 0.08 percent or higher. These are the same penalties Indiana residents face. For example, if there is no endangerment, they will likely be charged with a Class C criminal misdemeanor, which is punishable by a $500 fine and up to 60 days in jail. The law will consider any previous conviction a driver has, and not only those that happened in Indiana.
Consequences to an Out-of-State Driver’s License
After an out-of-state driver is arrested for an OWI in Indiana, there are two different processes that can impact their driving privileges. One is the administrative suspension through Indiana’s Bureau of Motor Vehicles (BMV) and the other is the criminal case. Both processes can lead to a suspension of driving privileges, and this consequence does not stop at the Indiana border.
Indiana belongs to the Interstate Driver License Compact, which is essentially an agreement between 45 different states. The agreement is based on the simple principle that one driver has one license and as such, one record. A driver’s home state must apply the same consequences after a DUI conviction in another state as it would if the offense occurred in the same state.
Even states that are not part of the compact, such as Michigan, are still typically part of the National Driver Register. The Register is the same as the compact, meaning drivers will face consequences to their license in both their home state and Indiana.
Court Appearances
When an out-of-state driver is charged with drunk driving in Indiana, the state does not transfer the criminal case to the person’s home state. Instead, without written Court approval the accused will be required to appear in Indiana criminal court.
Our OWI & DUI Lawyers in Indianapolis Can Advise You of State Law
If you were charged with drunk driving while in Indiana and live in another state, it is critical that you speak to an Indianapolis OWI & DUI lawyer who can advise you of the state’s laws. At Rigney Law, LLC, our experienced attorneys can provide the advice and legal representation you need to make things as easy as possible for you and secure the best possible outcome. Call us today at 317-623-0989 or contact us online to schedule a free consultation and to get the legal help you need.
Source:
iga.in.gov/laws/2025/ic/titles/9#9-30-5-1