Indiana’s drunk driving laws are more complex than the familiar slogan “Over the limit, under arrest” suggests. In the state, the offense is known as OVWI (Operating a Vehicle While Intoxicated), and while a blood alcohol concentration (BAC) of 0.08 or higher creates a per se legal presumption of intoxication, you can still be charged with OVWI even if your BAC is below that threshold. Prosecutors can pursue charges based on any signs of impairment, such as erratic behavior, failed field sobriety tests, or the combination of alcohol with drugs or prescription medication. This means that even BAC levels as low as 0.05 can result in charges if law enforcement believes you were not fully in control of your vehicle.
Indiana law outlines different penalties based on BAC and prior offenses. A BAC between 0.08 and 0.14 is a Class C misdemeanor, while 0.15 or higher bumps the charge to a Class A misdemeanor with harsher penalties. Repeat offenses within seven years can lead to a Level 6 felony, punishable by up to 2.5 years in prison. Unlike some states, Indiana does not impose additional penalties for extremely high BAC levels beyond 0.15. Despite the widespread belief that 0.08 is the “legal limit,” the law allows charges at any level of impairment. If you are charged, legal defenses may involve challenging test accuracy, police procedure, or other contributing factors, so contacting an experienced attorney is essential.
