Legislative Update

Penalties for OWI convictions

Filed Under: Criminal, Traffic

The Senate Corrections and Criminal Law Committee heard SB 251 on the penalties for OWI convictions authored by Sen. Freeman and Sen. Carrasco. The bill does the following:

  • Provides that if a person has one prior OWI conviction, the court shall order that the person be imprisoned for at least 10 days or perform community service, and if a person has two prior OWI convictions, the court shall order that the person be imprisoned for at least 20 days or perform community service.
  • Provides that a person does receive good time credit while serving a sentence imposed under this statute.
  • Provides that this statute does not increase the maximum sentence for the offense as provided by either IC 35-50-2 or IC 35-50-3.
  • Specifies that “vehicle”, for purposes of the crime of operating while intoxicated, includes a watercraft, and repeals the separate crime of operating a motorboat while intoxicated.
  • Provides that an initial hearing may be waived and allows a person to apply for a specialized driving privilege after an initial hearing.
  • Adds operating while intoxicated due to use of a controlled substance to the habitual traffic violator statute.
  • Authorizes the use of a roadside chemical test under certain circumstances.
  • Specifies that ignition interlock devices may only be used when the underlying offense is operating while intoxicated resulting from the use of alcohol.
  • Removes provisions concerning pretrial administrative suspension of driving privileges.
  • Removes provisions concerning license suspension for refusing to submit to a chemical test.

The bill standardizes OWI penalties across the State and merges the different types of motor vehicle offenses into one section (air, land, and water) and requires a blood draw when a fatality or serious bodily injury occurs. The Committee amended the bill by consent  to restore language in the bill from the current law that imposes an automatic one-year suspension of the driver’s license when a motorist fails to submit to a sobriety test.

The Indiana Prosecuting Attorneys Council testified in opposition to the bill but supported the amendment. The Indiana Public Defender Council testified in support of the bill.  The amended bill passed 7-2 and was recommitted to Appropriations.

Read the bill at: https://iga.in.gov/legislative/2026/bills/senate/251