In Indiana, a first time misdemeanor Operating While Intoxicated (OWI) charge will fall in one of the following categories:

  • Operating While Intoxicated (OWI) – this offense will be charged as a Class C Misdemeanor with penalties ranging from 0-60 days in jail and a fine of up to $500.
  • Operating with a Blood Alcohol Concentration (BAC) of .08 to .15 – this offense will be charged as a Class C Misdemeanor with penalties ranging from 0-60 days in jail and a fine of up to $500.
  • Operating While Intoxicated, Endangering a Person – this offense will be charged as a Class A Misdemeanor with penalties ranging from 0-1 year in jail and a fine of up to $5,000.
  • Operating with a BAC over .15 – this offense will be charged as a Class A Misdemeanor with penalties ranging from 0-1 year in jail and a fine of up to $5,000.

 
The arresting officer will typically charge you with more than one OWI charge. The reason is to cover their basis in case certain challenges against evidence and/or procedure are successful. For example, if you and your attorney are able to have your chemical test results “suppressed,” you will not be able to be convicted of driving with a prohibited BAC.
 
However, you could still be convicted of the regular OWI by having the arresting officer testify in regards to his observations of you the night you were allegedly drinking and driving. The officer would testify as to what he observed of your driving, your behavior after you were pulled over, and your performance on standardized field sobriety tests.
 
You can expect to be arrested and spend at least one night in jail. Any sentence could include executed time, meaning you would have to serve time in either jail, work release, or home detention. Work Release is like jail, except you can be released to attend work. Home Detention allows you to serve your executed time confined to your residence, as opposed to jail.
 
Call us at Suhre & Associates, LLC at (317) 759-2599 to learn more about OWI charges and penalties.