Indiana's 2026 OWI Law Changes: What's New for Drivers
Indiana changed several of its OWI (operating while intoxicated) laws on July 1, 2026. The biggest change is for repeat offenders: the mandatory minimum jail time doubled, from 5 to 10 days for a person with one prior OWI conviction and from 10 to 20 days for a person with two or more. The new law, House Enrolled Act 1249, also lets people charged with a misdemeanor OWI waive the initial hearing, narrows when a court can recommend an ignition interlock device, makes the OWI law expressly cover boats, and adds driving with certain drugs in the blood to the habitual traffic violator rules. The basic OWI offenses and the 7-year felony lookback did not change.
Key points
Since July 1, 2026, the minimum sentence for an OWI with one prior conviction is 10 days in jail (or at least 240 hours of community service), up from 5 days.
With two or more prior OWI convictions, the minimum is now 20 days in jail (or at least 480 hours of community service), up from 10 days.
A person charged with a misdemeanor OWI may now waive the initial hearing.
A court's option to recommend an ignition interlock instead of a pretrial license suspension now applies only to alcohol-concentration charges.
Indiana's OWI law now covers watercraft, and the separate boating-while-intoxicated crime was repealed.
What changed in Indiana's OWI law in 2026?
House Enrolled Act 1249 (P.L. 158-2026) is a broad criminal law bill that took effect July 1, 2026. Several of its sections change how OWI cases are charged, sentenced, and handled in court. Much of a separate Senate OWI bill was folded into HEA 1249 during the final stage of the session.
The changes apply going forward. If you were arrested before July 1, 2026, talk with a lawyer about which version of the law applies to your case.
Higher minimum jail time for repeat OWI offenses
Indiana law requires a minimum sentence when a person is convicted of OWI and already has a prior OWI conviction (IC 9-30-5-15). HEA 1249 doubled those minimums:
One prior OWI conviction: at least 10 days in jail, up from 5, or at least 240 hours of community restitution or service.
Two or more prior OWI convictions: at least 20 days in jail, up from 10, or at least 480 hours of community restitution or service.
Some rules did not change. The minimum sentence cannot be suspended, at least 48 hours must be served in a row, and the sentence must generally be served within 6 months. The new law also states that it does not raise the maximum sentence for any offense level.
One change works in the other direction. Under prior law, a person serving one of these minimum sentences did not earn good time credit. According to the official summaries of HEA 1249, a person serving the minimum sentence now does. How credit applies to a particular sentence depends on the facts and the jail's calculation.
Did the OWI penalties themselves change?
No. HEA 1249 did not change the basic OWI offenses or penalty levels. Under current Indiana law:
Driving with an alcohol concentration of 0.08 to less than 0.15 is a Class C misdemeanor (IC 9-30-5-1(a)).
An alcohol concentration of 0.15 or more is a Class A misdemeanor (IC 9-30-5-1(b)).
Operating while intoxicated is a Class C misdemeanor, or a Class A misdemeanor if it endangers a person (IC 9-30-5-2).
An OWI generally becomes a Level 6 felony if the person has a prior OWI conviction within 7 years (IC 9-30-5-3).
For a full overview of penalties, see our article on what happens when you are charged with operating while intoxicated in Indiana.
Waiving the initial hearing in a misdemeanor OWI case
A new statute, IC 35-33-7-4.5, allows a person charged with a misdemeanor OWI under IC 9-30-5-1 or IC 9-30-5-2 to waive the initial hearing. This applies only to misdemeanor OWI charges, not felonies.
Waiving the initial hearing is a legal decision with consequences. Before waiving any hearing, a person should understand the charges, the possible penalties, and how the waiver affects the timeline for license issues. A lawyer can help you decide whether it makes sense in your case.
License suspension and specialized driving privileges
HEA 1249 did not change Indiana's pretrial administrative license suspension in OWI cases. It did make two related changes:
If the initial hearing is waived, the clerk forwards the probable cause affidavit to the BMV when the court receives notice of the waiver (IC 9-30-6-8).
The specialized driving privileges statute now states that nothing in the relevant subsection prevents an otherwise eligible person from applying for specialized driving privileges after the initial hearing (IC 9-30-16-1).
Specialized driving privileges can allow a person with a suspended license to drive for work, school, or other approved purposes. Eligibility depends on the charge, the person's record, and the court's decision.
Ignition interlock is now limited to alcohol-concentration charges
Before July 1, 2026, a court's option to recommend an ignition interlock device instead of a pretrial license suspension could apply in a broader range of OWI cases. Under the amended IC 9-30-6-8, that option now applies only when the person is charged under IC 9-30-5-1(a) or (b), the offenses based on an alcohol concentration of 0.08 or more. A case charged only as operating while intoxicated, or only as driving with drugs in the blood, no longer qualifies.
Boating while intoxicated is now part of the OWI law
HEA 1249 changed the definition of "vehicle" for Indiana's OWI chapters to include a device for transportation by water (IC 9-13-2-196). The separate crime of operating a motorboat while intoxicated was repealed. In practice, operating a boat while intoxicated is now charged under the same OWI statutes as driving a car.
Habitual traffic violator changes
Indiana suspends the license of a habitual traffic violator (HTV) who collects certain judgments within 10 years. HEA 1249 adds operating a motor vehicle with a Schedule I or Schedule II controlled substance in the blood to the list of judgments that count toward HTV status (IC 9-30-10-4). An HTV suspension can last 10 years, so this change can matter for people with prior drug-related driving offenses.
What to do if you are charged with OWI after July 1, 2026
Write down what happened as soon as you can, including the stop, any tests, and what officers said.
Note your court date and any license notices. License deadlines can be short.
Gather your driving record and any prior case information. Prior convictions affect both the charge and the minimum sentence.
Do not waive a hearing or plead guilty until you understand the consequences.
Talk with a lawyer about the evidence, possible defenses, and specialized driving privileges.
Our guide on what to do in the first 24 hours after a DUI/OWI arrest in Indiana has more practical steps.
Frequently asked questions
Is there a new DUI law in Indiana for 2026?
Yes. House Enrolled Act 1249 took effect July 1, 2026. It doubled the minimum jail time for repeat OWI offenses, allowed people charged with misdemeanor OWI to waive the initial hearing, limited the pretrial ignition interlock option to alcohol-concentration charges, and folded boating while intoxicated into the OWI law.
Is a first OWI a felony in Indiana?
Generally, no. A first OWI is usually a Class C or Class A misdemeanor. It can become a felony in certain situations, such as when it causes serious bodily injury or death, or when a driver 21 or older has a passenger under 18 and the charge involves a 0.15 alcohol concentration, a controlled substance, or endangerment.
Did the 2026 law change the 7-year lookback?
No. The rule that a prior OWI conviction within 7 years can raise a new OWI to a Level 6 felony is unchanged.
Can an OWI conviction be expunged in Indiana?
Often, yes, after the required waiting period, if other conditions are met. See can you expunge a DUI in Indiana.
Questions about an OWI charge?
If you or a family member has been charged with OWI in Indiana, you can schedule a consultation with Brinkley Law or learn more about our criminal defense practice.
Brinkley Law, 8888 Keystone Crossing, Suite 1300, Indianapolis, Indiana 46240.
This article provides general information about Indiana law and is not legal advice. Reading it or contacting Brinkley Law does not create an attorney-client relationship. The application of the law depends on the facts of each matter.
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