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Legislative Update

Penalties for prior OWI convictions

January 23, 2026 Filed Under: Criminal, Traffic

The Senate Appropriations Committee heard SB 251 on penalties for prior OWI convictions authored by Sen. Freeman and Sen. Carrasco for amend and vote. This bill:

  • Provides mandatory minimum penalties for repeat OWI offenses.
  • Expands the definition of “vehicle” in OWI cases to include a watercraft; repeals the separate offense for operating a motorboat while intoxicated.
  • Provides that an initial hearing may be waived and allows a person to apply for specialized driving privileges 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 roadside chemical tests under certain circumstances.
    • Specifies that ignition interlock devices may only be used when the underlying offenses is operating while intoxicated resulting from the use of alcohol.
    • Removes provisions concerning pretrial administrative suspension of driving privileges.

An amendment was introduced regarding federal highway administration funding, directing the budget director to review and determine before December 31, 2026, whether federal highway administration funding to the state will or will not be reduced due to the application of certain administrative driver’s license suspension provisions as amended by the bill. The amendment requires the budget director to notify the budget committee of the determination, and that those provisions may not be implemented until after budget committee review. The amendment was adopted by roll call vote, 11-1. The amended bill passed 11-1.

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

Filed Under: Criminal, Traffic Tagged With: operating while intoxicated, penalty

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