What’s the Legal Limit for Drunk Driving in Indiana?

If you’ve seen the slogan, “Over the limit, under arrest,” you might think there’s a simple legal limit for drunk driving in Indiana. The truth is less straightforward. Indiana law doesn’t set one number that automatically makes someone “legal” or “illegal.” Instead, the focus is on whether you were intoxicated while driving.

That’s why it’s possible to face OVWI charges (Operating a Vehicle While Intoxicated) even if your blood alcohol concentration (BAC) is below 0.08.

What Is OVWI in Indiana?

In Indiana, the charge most people think of as a DUI is officially called OVWI – Operating a Vehicle While Intoxicated.

To prove OVWI, the State only needs to show that you were operating a vehicle while intoxicated, not necessarily that your BAC was above a specific limit.

What Is the “Legal Limit” for Drunk Driving in Indiana?

Indiana law does create what’s known as a per se offense:

• BAC of 0.08 or higher → Class C misdemeanor
  
• BAC of 0.15 or higher → Class A misdemeanor

   

This is what most people mean when they talk about the “legal limit.” But calling it the “legal limit” is misleading, because you can be charged even below 0.08.

Can You Be Charged With DUI Below 0.08 in Indiana?

Yes. Prosecutors can argue intoxication at any BAC if there is evidence you were impaired. You may face OVWI charges if:

• Your BAC is 0.05, 0.06, or 0.07 and police believe you were not in full control.

   

• You combined alcohol with prescription medication or other drugs.

   

• You had zero alcohol in your system but were impaired by drugs.

   

What Does “Per Se” Mean in Indiana Drunk Driving Law?

A per se offense means the law presumes you were intoxicated once you cross the BAC threshold.

• At 0.08 BAC or higher, the State doesn’t need additional proof of impairment.

   

• At 0.15 BAC or higher, the charge becomes more serious.

   

Even so, the absence of a per se BAC number doesn’t protect you — police can still pursue charges based on behavior, field tests, or other evidence.

What Are the Penalties for DUI / OVWI in Indiana?

For first-time offenders:

• 0.08–0.14 BAC → Class C misdemeanor (up to 60 days in jail, $500 fine).

   

• 0.15 BAC or higher → Class A misdemeanor (up to one year in jail, $5,000 fine).

   

Repeat offenses can quickly escalate. If you have a prior OVWI within seven years, you could be charged with a Level 6 felony, which carries up to 2.5 years in prison.

Why Is There No “Aggravated DUI” in Indiana?

Some states increase penalties for very high BAC levels, such as 0.20 or 0.30. Indiana does not. Here, the two key thresholds are 0.08 and 0.15. Anything higher than 0.15 is treated the same for a first offense.

Why Do People Think the Limit Is 0.08?

The number 0.08 is widely used across the U.S., and Indiana law makes it the per se intoxication point. That’s why police campaigns and popular culture treat 0.08 as “the limit.”

But the reality is more nuanced:

• 0.08 BAC = automatic per se intoxication.

   

• Below 0.08 BAC = you can still be charged if the State believes you were impaired.

   

What Should You Do If Charged With Drunk Driving in Indiana?

Being charged with OVWI doesn’t mean you’re automatically guilty. An experienced defense team can:

• Challenge the accuracy of BAC test results.

   

• Review whether police had probable cause to stop you.

   

• Examine whether prescription drugs or other factors played a role.

   

Make the Right Call

If you’ve been arrested for DUI, OVWI, or drunk driving in Indiana, don’t wait. Call the Marc Lopez Law Firm at 463-363-0588 today. Our attorneys understand the stakes, and we fight to protect your future.

And remember — always plead the 5th.