Operating a vehicle while intoxicated (OVWI) in the State of Indiana may result in a court order for an ignition interlock device (IID). Indiana’s OVWI laws include the operation of a motorboat while intoxicated. The IID is connected to a vehicle’s ignition system. The driver must submit a breath sample prior to starting the vehicle. If the device detects a breath alcohol content of 0.02 or higher, the vehicle will not start. IIDs must be obtained from service providers that are certified by the state. The offender is responsible for any and all costs associated with the IID. If the offender can demonstrate financial hardship, the court may deem the offender indigent and waive some or all costs associated with the device.
IIDs must be installed on any and all vehicles that the offender owns or expects to operate. Indiana courts may not order the installation of IIDs on vehicles that offenders are required to operate within the scope of employment and that are owned, leased or provided by the offenders’ employers. Offenders with commercial driving licenses may obtain probationary licenses to operate passenger vehicles, but are restricted from operating commercial vehicles.
The court determines the time period that the IID must remain installed in the offender’s vehicle. First time offenders will have their licenses suspended for a period of 90 days to two years. The courts may order a 180-day probationary license for the offender, but the offender must serve the first 30 days of the suspension. In these cases, the court may order that the offender have IIDs installed on all vehicles for the term of the probationary license. Subsequent offenses within five years, including operating motorboats while intoxicated, will result in license suspension for a period of one to two years. After serving one year of the suspension, the offender may be granted a probationary license by the court.
The court will order the installation of an IID for a period of at least six months. If the offender chooses to enroll in a rehabilitation program, the court may remove the IID requirement. Individuals convicted of OVWI within five to ten years of their previous convictions will have their driving privileges suspended for a period of 180 days to two years. In these cases, offenders may be eligible for probationary licenses after 180 days with the installation of an IID or enrollment in a court-approved rehabilitation program. If the offender is convicted of OVWI within ten years or more of a previous conviction, driving privileges will be suspended for a period of 90 days to two years. The court may grant the offender a 180-day probationary license after the offender serves the first 30 days of the suspension. As a condition of the probationary license, the offender must install an IID or enroll in a court-approved rehabilitation program. In cases of OVWI causing serious bodily injury or death, the court will suspend the offender’s driving privileges. The offender may be eligible for a probationary licenses after serving two years of the suspension.
Probationary licenses allow offenders to operate IID-equipped vehicles solely for the purposes of driving to and from work and court-ordered treatment programs. Indiana law allows offenders to drive with probationary licenses for other specific purposes in exceptional circumstances. If, in an emergency, the offender operates a vehicle that is not equipped with an IID, the offender must notify the courts within 24 hours of operating the vehicle.
Knowingly assisting an IID-restricted individual to violate the court order is a Class A misdemeanor. Renting, leasing or loaning a vehicle that is not IID-equipped to an individual with an IID restriction is a Class A infraction. Tampering with, circumventing or otherwise rendering the ignition interlock device inaccurate or inoperative is a Class B misdemeanor. Any offender who solicits another individual to submit a breath sample commits a Class C infraction.
Additional Resources For Ignition Interlock Indiana Laws
Ignition Interlock Code Revision Indiana
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