What Happens If Your BAC Is 0.15 or Higher in Indiana?
In Indiana, an alcohol concentration of 0.15 or higher can support a Class A misdemeanor OVWI charge. That charge carries up to one year in jail and a $5,000 fine, even without a crash or injury.
Why Does a 0.15 BAC Result Create a Class A Misdemeanor?
Indiana law establishes different offense levels based on a driver’s alcohol concentration.
Indiana Code section 9-30-5-1(b) applies when a person operates a vehicle with an alcohol concentration equivalent of at least 0.15. The statute classifies that offense as a Class A misdemeanor.
Indiana statutes use the term “alcohol concentration equivalent,” or ACE. Most drivers know the same measurement as blood alcohol concentration, or BAC.
A Class A misdemeanor is the most serious misdemeanor classification under Indiana law. Indiana Code section 35-50-3-2 allows the following maximum penalties:
- Up to 365 days in jail.
- A fine of up to $5,000.
- Both jail time and a fine.
These are maximum penalties. They are not automatic sentences in every case.
How Is a 0.15 BAC Charge Different From a 0.08 Charge?
The difference between 0.14 and 0.15 may appear small. Under Indiana law, however, that difference changes the offense classification.
Indiana Code section 9-30-5-1(a) applies when the alcohol concentration is at least 0.08 but below 0.15. That offense is generally a Class C misdemeanor.
A Class C misdemeanor carries lower maximum penalties under Indiana Code section 35-50-3-4:
- Up to 60 days in jail.
- A fine of up to $500.
- Both jail time and a fine.
Once the reported result reaches 0.15, the maximum jail exposure increases from 60 days to 365 days.
That makes the testing process especially important in cases near the statutory threshold.
Can I Face a Class A Misdemeanor Without Causing an Accident?
Yes. A collision, injury, or traffic violation is not required for a charge under Indiana Code section 9-30-5-1(b).
The reported alcohol concentration can support the Class A misdemeanor charge by itself.
For example, another driver could cause the collision. An officer may still begin an OVWI investigation after arriving at the scene.
The State may pursue the elevated charge if chemical testing reports an alcohol concentration of at least 0.15. Driving behavior does not necessarily change that statutory classification.
A separate Class A misdemeanor may also be filed when alleged intoxicated driving endangered another person. That charge falls under Indiana Code section 9-30-5-2.
The charging documents should identify which legal theory the prosecutor is using.
Is a Breath or Blood Test Result Always Conclusive?
No chemical test should be accepted without examining how the result was obtained.
Breath and blood testing involves scientific procedures, equipment, timing, documentation, and human decisions. Problems in any area may affect the reliability or interpretation of the result.
Important questions may include:
- How long after driving was the test administered?
- Was the person’s alcohol concentration rising or falling?
- When did the person last eat or drink?
- Did the person burp, vomit, or experience possible mouth alcohol?
- Were required observation procedures followed?
- Was the testing equipment properly maintained?
- Do the machine records support the reported result?
- Was a blood sample properly collected, stored, and tested?
A result slightly above 0.15 deserves careful review. A small measurement difference can change the charge from a Class C misdemeanor to a Class A misdemeanor.
What Does Rising or Falling BAC Mean?
Alcohol concentration changes as the body absorbs and eliminates alcohol.
A person’s alcohol concentration may continue rising after driving has ended. That means a later test might not show the person’s exact concentration while operating the vehicle.
The opposite may also occur. A person’s alcohol concentration may already be falling when the test is administered.
The timeline matters. Relevant details may include the last drink, the driving time, the traffic stop, and the chemical test.
These facts do not automatically defeat a charge. They may help an attorney evaluate how accurately the test reflects the time of operation.
What Testing Records Should Be Reviewed?
The reported number is only one part of the evidence.
Depending on the testing method, relevant materials may include:
- Breath-testing printouts.
- Machine maintenance and accuracy records.
- Calibration or certification information.
- Officer observation records.
- Body-camera and dashboard-camera footage.
- Blood collection documentation.
- Laboratory reports and testing data.
- Records showing how the sample was stored.
- Police reports describing the investigation.
These records may show whether the test complied with required procedures. They may also reveal inconsistencies that require additional investigation.
What Happens in Indianapolis or Hamilton County OVWI Cases?
Indiana’s OVWI statutes apply throughout the state. The county handling the case depends on where the alleged offense occurred.
An Indianapolis arrest will usually proceed through a Marion County court. A Westfield arrest will generally proceed through a Hamilton County court.
Court procedures, hearing schedules, and local practices may differ. The statutory 0.15 threshold remains the same in both counties.
Drivers should review every court notice carefully. Missing a hearing can create additional legal problems.
What Should I Do After Receiving a Class A Misdemeanor OVWI Charge?
Do not assume the reported alcohol concentration ends the legal analysis.
Keep the charging documents, bond paperwork, license notices, and testing records. Write down the timeline while the events remain fresh.
Avoid discussing the facts publicly or posting about the arrest online. Statements made after an arrest may later become evidence.
An attorney can review the charge, the testing process, and the available records. That review may identify legal, procedural, or scientific issues affecting the case.
Speak With the Marc Lopez Law Firm About an Indiana OVWI Charge
A reported alcohol concentration of 0.15 can significantly increase the possible consequences of an Indiana OVWI case.
The Marc Lopez Law Firm represents people facing OVWI charges in Indianapolis, Westfield, and throughout central Indiana. The firm can review the testing evidence, explain the court process, and discuss the available options.
Before answering questions about the incident, remember your right to remain silent. Call the Marc Lopez Law Firm at 463-946-0521 for a free consultation. And remember, always plead the Fifth.
