Indiana DUI / DWI Penalties (2026)

Driving Under the Influence (DUI) or Driving While Intoxicated (DWI) charges in Indiana: penalties, sentencing ranges, felony thresholds, and what to expect if charged.

Educational purposes only. Not legal advice. If you are facing dui / dwi charges in Indiana, consult a licensed Indiana criminal defense attorney.

Indiana DUI / DWI Penalties

OffensePenalty
First OffenseUp to 1 year jail, $5,000 fine, 180-day suspension
Second OffenseBetween 5 days–3 years, $10,000 fine, 2-year suspension

Indiana has an Operating While Intoxicated (OWI) law

DUI / DWI Statute of Limitations in Indiana

In Indiana, the general statute of limitations for a felony is 5 years and for a misdemeanor is 2 years.

See all Indiana statutes of limitations →

Defending Against DUI / DWI Charges in Indiana

Common defenses in Indiana dui / dwi cases include:

  • Lack of intent — many charges require proving criminal intent
  • Insufficient evidence — the prosecution must prove guilt beyond a reasonable doubt
  • Procedural violations — improper arrest, unlawful search and seizure
  • Mistaken identity
  • Constitutional violations — Fourth and Fifth Amendment protections

The specific defenses available depend on the facts of the case. Consult a Indiana criminal defense attorney for advice.

Related Indiana Laws