INDIANA CRIMINAL AND TRAFFIC PENALTIES

Indiana Operating While Intoxicated Penalties

DESCRIPTION OF OFFENSE STATUTE

LEVEL OF CRIME

JAIL

PROBATION

FINES LICENSE SUSPENSION
First offense with BAC .08-.14 or with controlled substance in the body 9-30-5-1(a)

 

Class C misdemeanor

 

0-60 days

 

Up to 1 yr

 

max $500

+ costs

90 days – 2 yrs, 9-30-5-10

possible conditional privileges under 9-30-5-12

First offense with BAC >.14 9-30-5-1(b) Class A misdemeanor 0-365 days Up to 1 yr max $5,000+ costs

90 days – 2 yrs, 9-30-5-10 

possible conditional privileges under 9-30-5-12
Second offense within 5 yrs 9-30-5-3(1) Class D felony 6 months-

3 yrs

Up to 3 yrs Up to $10,000

+ costs

1 yr – 2 yrs

9-30-5-10

Any offense with minor passenger in vehicle 9-30-5-3(2) Class D felony 6 months-

3 yrs

Up to 3 yrs

 

Up to $10,000

+ costs

1 yr – 2 yrs

9-30-5-10

Operating while intoxicated (no BAC level or chemical test)

 

 

9-30-5-2(a)

 

 

Class C misdemeanor

 

 

0-60 days

 

 

Up to 1 yr

 

 

max $500 + costs

 

90 days – 2 yrs, 9-30-5-10

possible conditional privileges under 9-30-5-12

Operating while intoxicated endangering a person (no BAC level or chemical test) 9-30-5-2(b) Class A misdemeanor 0-365 days Up to 1 yr max $5,000+ costs 90 days – 2 yrs, 9-30-5-10 possible conditional privileges under 9-30-5-12
BAC >.08 or with a controlled substance in body and causing serious injury to another 9-30-5-4 Class D felony

*class C w/prior

6 months- 3 yrs Up to 3 yrs Up to $10,000

+ costs

1 yr – 2 yrs 9-30-5-10

 

BAC .08 - .14 or with a controlled substance in the body and causing death 9-30-5-5 Class C felony* class B w/prior 2 yrs – 8 yrs Up to 8 yrs Up to $10,000 + costs 2 yrs – 5 yrs
BAC >.14 causing death, at least 21 yrs old

 

 

9-30-5-5(b)

 

 

Class B felony

 

 

6 yrs – 20 yrs Up to 20 yrs

 

 

Up to $10,000 + costs 2 yrs – 5 yrs

 

 

Indiana Criminal Penalties

OFFENSE TYPE

OFFENSE LEVEL

PRISON TIME

AMOUNT OF FINE

Misdemeanor

Class C

0 – 60 days

$0 - $500

Misdemeanor

Class B

0 – 180 days

$0 - $1,000

Misdemeanor

Class A

0 – 365 days

$0 - $5,000

Felony

Class D

6 months – 3 years

$0 - $10,000

Felony

Class C

2 years – 8 years

$0 - $10,000

Felony

Class B

6 years – 20 years

$0 - $10,000

Felony

Class A

20 years – 50 years

$0 - $10,000

Murder

Murder

45 years – 65 years

$0 - $10,000

Indiana Infraction (traffic ticket) Penalties

CLASS OF INFRACTION JUDGMENT AMOUNT

Class D

$0 - $25

Class C

$0 - $500

Class B

$0 - $1,000

Class A

$0 - $10,000

Indiana BMV Points

INDIANA CODE REFERENCE DESCRIPTION OF VIOLATION POINTS
9-21-8-35(b) 9-21-8-35(c)

Failure to change lanes or decrease speed when approaching a stationary emergency, recovery, or maintenance vehicle

8
9-21-4-12

9-21-4-13

 

Improper passing in violation of clearly visible signs or markings

 

4

9-21-4-18

 

 

9-21-4-16

Disregarding stop sign at railroad crossing

6

9-21-4-18

 

 

9-21-5-1

Misc. speeding violations:

 

9-21-5-2

Excessive speed not indicated

2

9-21-5-3

1–15 MPH in excess of limit

2

9-21-5-4

16–25 MPH in excess of limit

4

9-21-5-5

Over 25 MPH in excess of limit

6

9-21-5-6

 

 

9-21-5-11

 

 

9-21-5-7

Minimum speed violation, slow vehicle in improper lane

2

9-21-5-8

 

 

9-21-5-9

 

 

9-21-8-2(b)

9-21-5-10

Unsafe speed on bridge or elevated structure

4

(formerly 9-4-1-60)

 

 

9-21-6-1

Speed contest on streets or highways (drag racing)

8

(formerly 9-4-6-2)

9-21-8-1

Disregarding police officer directing [sic.]

6

(formerly 9-4-1-24)

9-21-8-2(a

Driving on left side of road when not permitted

4

(formerly 9-4-1-63)

 

9-21-8-4

(formerly 9-4-1-65)

Improper passing of another vehicle proceeding in opposite direction 4
9-21-8-5 (formerly 9-4-1-66)

Improper passing (cutting in); refusing to give way to overtaking vehicle

 

9-21-8-6

Improper passing to the right

4

(formerly 9-4-1-67)

9-21-8-7 (formerly 9-4-1-68)

Improper passing to the left–interfering with safety of oncoming traffic

6

9-21-8-7.5

Failure to merge at work site

8

9-21-8-8 (formerly 9-4-1-69)

Driving to the left of center on 2-way roadway (special conditions)

4

9-21-8-9

Wrong way on a 1-way road

4

(formerly 9-4-1-71(b))

9-21-8-10

Driving left of rotary island

4

(formerly 9-4-1-71)

9-21-8-11

Improper driving on roadways with traffic lanes

4

(formerly 9-4-1-72)

9-21-8-12

Lane restriction violation by truck

4

9-21-8-13

(formerly 9-4-1-64)

9-21-8-14

Following too closely

6

9-21-8-15

9-21-8-16

9-21-8-18

Entrance or exit violation on limited access highways

4

(formerly 9-4-1-74)

 

9-21-8-21

Improper turn at intersection

4

(formerly 9-4-1-75)

9-21-8-22 (formerly 9-4-1-76)

U-turn on curve or crest of grade, visibility less than 750 feet

4

9-21-8-23

Unsafe start from parked position

4

(formerly 9-4-1-77)

 

9-21-8-24

Failure to signal when required, improper signal

2

9-21-8-25

9-21-8-26

 

9-21-8-27

 

9-21-8-28

 

9-21-8-37

Driver fails to exercise due care to avoid pedestrian

6

(formerly 9-4-1-89)

 

9-21-8-39

Disregarding signal indicating approach of train

6

(formerly 9-4-1-106)

9-21-8-40

9-21-12-5

Failure of commercial vehicle or other special vehicle to stop at railroad crossing

8 + MS

(formerly 9-4-1-108, 9-4-1-109)

 

9-21-8-41

Disregarding official traffic control device

6

(formerly 9-4-1-33)

 

 

9-21-8-50 (formerly 9-4-1-73(b))

Reckless driving while operating a tractor-trailer combination

8

9-21-8-51

Failure to dim bright or blinding lights

4

(formerly 9-4-1-56.2)

 

 

9-21-8-52(a)

Reckless driving

6

(formerly 9-4-1-56.1)

9-21-8-52(b)

(formerly 9-4-1-56.1)

Reckless driving with damage to property or personal injury

8 + MS

9-21-9-4

9-19-16-4

(formerly 9-8-10-4)

No flashing amber or red light on slow moving vehicle when other lights not required (this is in addition to slow moving emblem)

2

9-21-10-1

Motorcycle passenger violation

4

(formerly 9-8-9-2(a))

9-21-10-3 (formerly 9-8-9-2(c))

Carrying package or parcel on motorcycle (both hands not on handlebars)

4

9-21-10-5

Operating motorcycle without headlamp illuminated

2

(formerly 9-8-9-2(e))

 

 

9-21-10-6

Operating motorcycles three or more abreast in single lane

4

(formerly 9-8-9-2(f))

9-21-10-6

(formerly 9-8-9-2(f))

Depriving motor vehicle (including motorcycle) of full lane usage

4

9-21-12-1

Passing of school bus while loading or unloading

8

(formerly 9-4-1-123)

 

9-21-12-1

Passing of school bus when arm signal is out

8

(formerly 9-4-1-123)

9-21-16-7

9-21-16-8

Failure to park properly at right hand curb or in violation of parking restrictions posted by official signs (highway only)

2

(formerly 9-4-1-115)

9-24-1-6

Operating without valid commercial license

8

(formerly 9-1-4-26)

9-24-6-15

Operating a commercial motor vehicle with a BAC above .04

8

9-24-6-16

Operating a commercial motor vehicle while disqualified

8

9-24-7-2

Driver education permit violation

4 + AH

(formerly 9-1-4-33(b))

9-24-7-3

Learner permit violation

4 + AH

(formerly 9-1-4-33(c))

 

9-24-8-2

Temporary motorcycle learner permit violation

4 + AH

(formerly 9-1-4-33.1)

 

9-24-8-3

Motorcycle learner permit violation

4 + AH

(formerly 9-1-4-33.2)

9-24-8-4

Improper motorcycle license endorsement

6

(formerly 9-1-4-33.3)

9-24-11-3

Probationary license violation (under 18 years of age)

4

9-24-11-7

9-24-11-8(b)

Violation of driver license restriction or mechanical control device requirement

4

(formerly 9-1-4-37)

9-24-18-1

Operating without ever having a valid license

6 + AH

(formerly 9-1-4-26.5)

 

9-24-18-2 (formerly 9-1-4-47)

Misuse of license; use of false information; unauthentic license

 8 + AH

9-24-18-3

Permitting unlicensed person to operate a motor vehicle

4 + AH

9-24-18-4

Permitting unlawful use of a motor vehicle

4

(formerly 9-1-4-49 [sic., 9-1-4-51])

 

9-24-18-5

Driving while license is suspended or revoked

8 + MS

(formerly 9-1-4-52)

 

 

9-24-18-8

Unlawful use of license to obtain alcohol

8 + MS

(formerly 9-1-7-2)

9-25-4-1

Suspension of license and registration for

2 + MS

9-25-8-5

violation of financial responsibility requirements

9-26-1-1

9-26-1-2

9-26-1-3

9-26-1-4

Leaving the scene of accident; failure to give information; failure of other duties (personal injury, death, or property damage more than $750 total)

8 + MS

9-26-1-2

9-26-1-3

9-26-1-4

Leaving the scene of accident; failure to give information; failure of other duties (property damage only, less than $750 total)

8

 

 

 

(formerly 9-4-1-40,

9-4-1-41, 9-4-1-42,

9-4-1-43, 9-4-1-44)

 

9-30-4-8

Operating a vehicle with suspended registration;

8 + AH

(formerly 9-2-1-30)

violation of conditions of a restricted license

9-30-5-1

Operating with BAC above .10 or with

8 + MS

(formerly 9-11-2-1)

controlled substance in bloodstream (Per Se)

9-30-5-2

Operating while intoxicated (OWI)

8 + MS

(formerly 9-11-2-4 [sic., 9-11-2-2])

9-30-5-3

OWI with Per Se or OWI conviction in past 5 years

8 + MS

(formerly 9-11-2-3)

 

9-30-5-4

Per Se or OWI resulting in injury

8 + MS

(formerly 9-11-2-4)

9-30-5-5

Per Se or OWI resulting in death

8 + MS

(formerly 9-11-2-5)

 

9-30-5-6

Violation of probationary license (HTV)

8 + MS

9-30-5-13 (formerly 9-11-2-6)

 

9-30-5-7

Interlock device violation

8

(formerly 9-11-2-7)

 

 

9-30-5-8

Tampering with interlock device

8

(formerly 9-11-2-8)

 

9-30-5-8.5

Operating with at least BAC .02%, but less

6

 

than BAC .10% (under 21 years of age)

9-30-10-16

Operating a vehicle while suspended as a

8 + MS

9-30-10-17

habitual traffic violator

(formerly 9-12-3-1)

 

9-30-13-1

Criminal recklessness with vehicle

8 + MS

35-42-2-2 (9-30-13-1 was formerly 9-4-1-54.5)

9-30-13-2

Obstruction of traffic causing injury or death

8 + MS

35-42-2-4 (9-30-13-2 was formerly 9-4-1-54.5)

 

 

9-30-13-3

Criminal mischief with vehicle

8 + MS

35-43-1-2 (9-30-13-3 was

formerly 9-4-1-54.5)

9-30-13-4

Involuntary manslaughter with a vehicle

8 + MS

35-42-1-4 (9-30-13-4 was

formerly 9-4-1-54.5)

 

9-30-13-4

Reckless homicide with a vehicle

8 + MS

35-42-1-5 (9-30-13-4 was

 

formerly 9-4-1-54.5)

 

9-30-15-3

Open container violation

6

9-30-15-4

13-7-13-4

Unlawful transportation of hazardous waste

4 + MS

14-15-8-8

Operating a personal watercraft or

8 + MS

14-15-8-13

motorboat while intoxicated

 

14-15-12-5

14-15-8-9

14-15-8-10

 

Operation of motorboat after being ordered not to operate

8

 

14-15-12-5

Dangerous operation of a personal watercraft or motorboat

14-15-12-10

Unsafe operation of personal watercraft

8

20-9.1-5-10

Speeding in school bus:

 

Speed not indicated

6

1-15 MPH in excess of limit

6

Over 15 MPH in excess of limit

8

20-9.1-5-11

Failure of school bus to stop at railroad crossing

8 + MS

20-9.1-5-12

Stopping school bus to load or unload on left of 1-way thoroughfare

4

20-9.1-5-14

Improper use or failure of school bus to display stop arm signal

4

20-9.1-5-15

Improper use or failure of school bus to use directional signals

4

20-9.1-5-16

Improper use or failure of school bus to use red flashing warning lights

4

35-44-3-3(b)

Resisting law enforcement in vehicle

8 + MS

9-19-4-1 et seq. Bumper violation 2
9-19-11-2 Child restraint violation 8
9-21-3-7 Disregarding traffic control signal 4
9-19-6-1 et seq.

9-1-7-1 et seq.

Equipment violation w/ respect to vehicle lights, reflectors, stop lights, warning signals; failure to use when required 2
9-19-3-1 et seq. Equipment violation with respect to brakes 4
9-19-5-6

(formerly 9-8-6-41)

Failure of commercial vehicle to carry required emergency equipment 2
9-21-4-11 Failure to yield; failure to obey stop or yield signs 6
9-19-7-2 Motorcycle equipment violation 2
9-19-8-1 et seq. Muffler violation 2

9-19-7-1

9-21-10-9

No motorcycle headgear or protective eye wear (under 18 years of age) 4
7.1-5-7-7

9-24-18-12

Possessing, consuming, or transporting alcohol while operating a motor vehicle by an individual less than 21 years of age 6 + MS

1The court has the authority to suspend an individual’s driver license on any traffic violation.

2Abbreviations have the following meaning:

“AH” means automatic hearing.

“MS” means mandatory suspension for a period of time up to one (1) year or as provided by statute or court order.