What is OWI Charge? | Laws | Fines & Consequences
An OWI charge, or Operating While Intoxicated, is a criminal offense for driving a motor vehicle while impaired by alcohol, prescription or recreational drugs, or controlled substances. States across the US label this violation differently, DUI (Driving Under the Influence), DWI (Driving While Intoxicated), or OWI, but all describe operating a vehicle beyond legal intoxication limits, endangering the driver and public safety.
Indiana specifically uses the term OWI, with penalties ranging from fines and license suspension to jail time, depending on blood alcohol concentration (BAC), prior offenses, and aggravating circumstances. OWI enforcement applies to cars, motorcycles, trucks, and boats, making it a broad public safety measure.
What is the Meaning of OWI?
OWI stands for Operating While Intoxicated. It is a legal term used in several US states, most notably Indiana and Michigan, to describe the offense of driving or operating a vehicle while your ability to do so is impaired by alcohol, prescription drugs, illegal drugs, or any combination of these substances.
The word “operating” is deliberately broader than the word “driving.” In most states that use OWI as their legal term, you do not need to be physically moving a vehicle to be charged.
You could be sitting in a parked car with the engine running or even just in the driver’s seat with the keys in the ignition, and law enforcement may still charge you with an OWI depending on the state’s interpretation of “operating.”
This is an important distinction because many people assume they are safe from a drunk driving charge as long as they are not moving. That is not always the case.
What Substances Can Lead to an OWI Charge?
Most people think of alcohol when they hear about OWI or DUI charges, but the law covers a much wider range of substances. In states like Indiana, you can face an OWI charge if you are found to be operating a vehicle:
- With a blood alcohol concentration (BAC) of 0.08% or higher
- With any amount of a Schedule I or Schedule II controlled substance in your system
- With a BAC of 0.04% or higher if you are driving a commercial vehicle
- With a BAC of 0.02% or higher if you are under the age of 21
Schedule I and II controlled substances include substances like opiates, cocaine, methamphetamine, hallucinogens, and marijuana. Even small traces of these substances that could affect your ability to drive can be enough for a charge.
What is the Charge of OWI? Understanding the Levels
An OWI is not a single, fixed charge. The severity of the charge depends on several factors, including your blood alcohol level, whether you have prior OWI convictions, and whether anyone was injured as a result of your driving.
Class C Misdemeanor OWI
For most first-time offenders, an OWI starts as a Class C misdemeanor. This applies when your BAC is between 0.08% and 0.14% and there are no other aggravating factors such as injuries or a minor passenger in the vehicle.
Penalties for a Class C misdemeanor OWI typically include:
- Up to 60 days in jail
- A fine of up to $500
- A driver’s license suspension of up to 60 days
While this is considered the lowest level of OWI charge, it still goes on your criminal record, and that record does not disappear on its own.
Class A Misdemeanor OWI
If your BAC is 0.15% or higher, or if your driving put another person in danger (even without causing an actual accident), the charge steps up to a Class A misdemeanor.
Penalties at this level include:
- Up to one year in jail
- Fines up to $5,000
- A driver’s license suspension of up to one year
When Does OWI Become a Felony?
This is where things get significantly more serious. An OWI charge can be elevated to a felony under specific circumstances, and the consequences are far more lasting.
Is OWI a Felony in Indiana?
Yes, OWI can absolutely be a felony in Indiana. Whether it becomes a felony depends on your history and the circumstances of the arrest. Here is a breakdown of how Indiana law structures felony OWI charges:
Level 6 Felony OWI
A Level 6 felony is the entry-level felony charge for OWI in Indiana. You can be charged at this level if:
- You have a prior OWI conviction within the last seven years
- You are over the age of 21 and had a passenger under the age of 18 in the vehicle
- Your OWI resulted in serious bodily injury to another person
- You killed a law enforcement animal during the offense
Penalties for a Level 6 felony OWI include 6 months to 2.5 years in prison and a fine of up to $10,000. There is also a mandatory minimum of five days in jail if you have one prior conviction, and ten days if you have two or more.
Level 5 Felony OWI
A Level 5 felony applies when it is your second OWI and either that offense or your first one resulted in serious bodily harm or death to another person.
Penalties include one to six years in prison and fines up to $10,000.
Level 4 Felony OWI
This is one of the most serious OWI charges in Indiana. A Level 4 felony applies if you caused the death of another person and one of the following is also true:
- You had a prior OWI within the last seven years
- Your license was already suspended at the time
- Your BAC was 0.15% or above
Penalties for a Level 4 felony OWI range from 2 to 12 years in prison, with an advisory sentence of 6 years, plus fines up to $10,000.
What About Repeat Offenders?
Indiana takes a firm stance on repeat OWI offenders. If you accumulate three OWI convictions within a 10-year period, the state can label you a Habitual Traffic Violator. At that point, your license can be suspended for anywhere between 5 years and the rest of your life.
You may also face a Habitual Vehicular Substance Offender enhancement, which can add up to eight additional years to your sentence on top of the underlying felony charge.
What’s the Difference Between DUI and OWI?
This is one of the most commonly asked questions on this topic, and the answer is both simple and a little complicated at the same time.
In practical terms, DUI (Driving Under the Influence) and OWI (Operating While Intoxicated) refer to the same type of offense: operating a vehicle while impaired. The difference lies in the terminology that each US state has chosen to use in its laws. The actual crime being described is essentially the same.
Here is a quick look at how different states refer to this offense:
| Term | Meaning | States That Use It |
| DUI | Driving Under the Influence | California, Florida, Georgia, and many others |
| DWI | Driving While Intoxicated / Driving While Impaired | Texas, North Carolina, Minnesota |
| OWI | Operating While Intoxicated | Indiana, Michigan, Iowa |
| OVI | Operating a Vehicle Impaired | Ohio |
| DUII | Driving Under the Influence of Intoxicants | Oregon |
So when someone says “I got a DUI,” and another person says “I got an OWI,” they are likely describing the same type of charge, just in different states.
Is There Any Legal Difference Between DUI and OWI?
In most states, the terms are interchangeable in conversation, but the technical legal definitions can differ slightly. Here are two examples that illustrate this:
In Michigan: The official legal term is OWI. The state moved away from older terms like OUIL (Operating Under the Influence of Liquor) in 1999, when drunk driving laws were broadened.
Michigan uses OWI because a person does not have to be “driving” in the traditional sense to be charged, they only need to be “operating” the vehicle. DUI is still informally used by many people in Michigan, but OWI is what appears on official court documents.
In Texas: Texas primarily uses DWI for adults and reserves DUI specifically for minors. Under Texas law, a minor does not even need to be legally intoxicated to receive a DUI, any traceable amount of alcohol in their system while behind the wheel is enough, because Texas enforces a Zero Tolerance Law for drivers under 21.
A minor who is fully intoxicated (BAC of 0.08% or higher) can be charged with the more serious DWI instead of a DUI. OWI is not a commonly used term in Texas courts.
The key takeaway is this: the label changes by state, but the behavior being prohibited is the same. No matter where you are in the US, getting behind the wheel while impaired is a criminal offense.
How Does Law Enforcement Determine Impairment?
Even if your BAC is below the legal limit, a police officer can still charge you with an OWI or DUI if they have reason to believe you are impaired. Here are the main tools officers use to assess intoxication:
Breathalyzer Test
This is the most common roadside test. The officer will ask you to breathe into a device that measures the concentration of alcohol in your breath. Results above the legal limit (usually 0.08% for adults) are used as evidence of intoxication.
Field Sobriety Tests
These are physical tests designed to assess your coordination and cognitive function. Common examples include walking in a straight line, standing on one leg, and following an object with your eyes (the horizontal gaze nystagmus test). Police officers are trained to interpret the results of these tests.
Blood Tests
When breathalyzer results are challenged or when drug impairment is suspected rather than alcohol, law enforcement may request a blood test. Blood tests are more precise and can detect the presence of controlled substances as well as alcohol.
Refusing a Test: What Happens?
Most US states have what are called Implied Consent Laws, which mean that by choosing to drive on public roads, you have automatically given implied consent to chemical testing if asked by a law enforcement officer. Refusing a test comes with its own consequences.
In Indiana, for example, refusing a breathalyzer or blood test on a first OWI results in an additional one-year license suspension on top of any other penalties.
A refusal on a second or third OWI brings a two-year additional suspension. Refusing a test also disqualifies you from obtaining specialized driving privileges during the refusal period.
What Are the Long-Term Consequences of an OWI Charge?
The legal penalties are one part of the picture. The wider impact of an OWI conviction can follow you for years.
Criminal Record
An OWI conviction stays on your criminal record in Indiana permanently. This matters because future employers, landlords, and licensing boards often run background checks. A conviction can make it harder to get hired, rent a home, or obtain professional licenses in fields like healthcare, education, or law.
Driver’s License
Depending on the severity of the charge, your license can be suspended for anywhere from a few months to several years — and in the most serious cases, for life. Even during a suspension, some courts may grant “specialized driving privileges” that allow you to drive for work or medical appointments, but only if you install an ignition interlock device (IID) on your vehicle.
Ignition Interlock Device (IID)
An IID requires you to pass a breath test before your car will start. It also takes random readings while you are driving. The cost of having the device installed, calibrated, and maintained is typically borne by the convicted driver.
Insurance Rates
After an OWI conviction, your auto insurance provider will almost certainly classify you as a high-risk driver. That means significantly higher premiums, sometimes two or three times what you were paying before — for several years.
Impact on Employment
Certain jobs require a clean driving record. Commercial drivers, for example, face a lifetime revocation of their Commercial Driver’s License (CDL) after two OWI convictions. Other professions that involve driving company vehicles or transporting goods may also be off-limits.
Underage OWI: What Parents and Young Drivers Need to Know
Every US state has stricter rules for drivers under the age of 21, and most operate under a Zero Tolerance policy.
In Indiana, the legal BAC limit for underage drivers is just 0.02% — practically zero. A young driver who registers even a small amount of alcohol faces:
- A Class C infraction
- A fine of up to $500
- A driver’s license suspension of up to one year
If an underage driver’s BAC reaches the adult threshold of 0.08% or higher, they can be charged with a standard adult OWI, which carries the full range of criminal penalties.
OWI and Vehicles Beyond Cars
One thing that surprises many people is that OWI laws do not only apply to cars and trucks. In states like Indiana, you can be charged with operating while intoxicated for driving:
- Motorcycles
- Boats (referred to as Boating While Intoxicated or BWI)
- Snowmobiles
- Off-road vehicles
- In some situations, heavy machinery
For boats, the conditions that trigger a BWI charge are nearly identical to those for an OWI on the road. A first-time BWI is usually a Class C misdemeanor, but if someone is seriously injured as a result, it can escalate to a Level 6 felony.
What Should You Do If You Are Charged with OWI?
If you have been arrested and charged with an OWI, here are a few things worth knowing:
Act quickly. In Indiana, you have just 10 days after your OWI arrest to request a hearing to challenge your license suspension. If you miss this window, you lose the opportunity to contest the administrative suspension while your case works its way through the courts.
Understand that you have two separate proceedings. Criminal penalties (jail, fines, probation) are handled through the court system. Administrative penalties (license suspension) are handled separately by the Bureau of Motor Vehicles. Both can happen at the same time and independently of each other.
An OWI conviction is not eligible for diversion programs. In Indiana, drunk driving charges cannot be reduced through diversion, you cannot simply complete a program and have the charge wiped from your record.
Get legal advice. While you are not legally required to hire an attorney, the stakes of an OWI conviction — especially if you are facing a felony charge or have prior convictions, are significant enough that professional legal guidance is strongly worth considering.
Quick Reference: OWI Charge Levels in Indiana
| Charge Level | When It Applies | Penalties |
| Class C Misdemeanor | First offense, BAC 0.08–0.14%, no injury | Up to 60 days jail, $500 fine |
| Class A Misdemeanor | BAC 0.15%+ or endangerment | Up to 1 year jail, $5,000 fine |
| Level 6 Felony | Prior OWI within 7 years, minor in car, serious injury | 6 months–2.5 years prison, $10,000 fine |
| Level 5 Felony | 2nd OWI + serious injury or death | 1–6 years prison, $10,000 fine |
| Level 4 Felony | Death caused + prior OWI, suspended license, or BAC 0.15%+ | 2–12 years prison, $10,000 fine |
FAQs: What is OWI Charge?
Can I get an OWI on a bicycle or a horse?
In most US states, OWI and DUI laws apply specifically to motorized vehicles. However, laws vary by state, so it is worth checking the rules in your specific state. Indiana’s OWI statutes focus on motor vehicles.
Does an OWI show up on a background check?
Yes. In Indiana, an OWI conviction stays on your criminal record permanently and will show up on background checks. It does not automatically expire or disappear.
Can an OWI be expunged in Indiana?
Indiana’s expungement laws are complex, and OWI convictions, particularly felony OWI convictions have limited eligibility for expungement. You would need to consult with an attorney to understand your specific situation.
Does a first-time OWI always mean jail time?
Not always. A first-time Class C misdemeanor OWI technically carries a minimum of zero days in jail, though fines and license suspension still apply. Whether a judge imposes jail time depends on the circumstances of the case.
Does an OWI affect my taxes?
Indirectly, yes. Legal fees, fines, and higher insurance premiums all come out of your pocket. In some cases, an OWI that affects your ability to work (especially if you hold a professional license) can reduce your income. However, OWI fines and penalties are generally not tax-deductible expenses.
Final Thoughts
An OWI charge is a serious matter regardless of which state you are in or what label is used. Whether you see it called a DUI in California, a DWI in Texas, or an OWI in Indiana, the underlying offense is the same: operating a vehicle while impaired, and the legal consequences can be life-changing.
Understanding the different levels of charges, what triggers a felony versus a misdemeanor, and how these rules differ across state lines puts you in a better position to make informed decisions — whether that’s for yourself, a family member, or simply to be better informed about the US legal system.
