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Understanding OWI Charges Below 0.08% BAC in Indiana
In Indiana, the legal blood alcohol content (BAC) limit for most adult drivers is 0.08%. Many assume that staying below this number guarantees they won’t face an impaired driving charge. However, that’s not always the case. In reality, you can be charged with OWI—Operating While Intoxicated—even if your BAC is below the legal limit.
Indiana law allows law enforcement officers to assess a driver’s level of impairment based on more than just BAC. If there is enough evidence to suggest your ability to drive safely was affected by alcohol—or other substances—you may still face an OWI charge. This is an important distinction and one that often causes confusion.
This post explains when and how someone in Indiana can be arrested for OWI without reaching the 0.08% threshold, what law enforcement considers as evidence, and how different BAC levels play into legal outcomes.
Indiana’s OWI Law: More Than Just a Number
Indiana Code § 9-30-5 outlines the conditions under which a person can be charged with OWI. While 0.08% BAC is the per se legal limit, the law also permits OWI charges based on observed impairment—even with a lower BAC.
There are two key legal standards for OWI in Indiana:
- Per Se OWI: Having a BAC of 0.08% or higher is automatically considered intoxicated, regardless of actual behavior or visible impairment.
- Impairment-Based OWI: A driver may be charged if they are “under the influence of alcohol to a degree that renders the person incapable of safe driving,” even with a BAC below 0.08%.
This means officers can arrest and charge drivers whose alcohol levels fall below the legal limit if they exhibit signs of impaired judgment, slowed reflexes, or other unsafe behavior.
What Evidence Can Support an OWI Below 0.08%?
When a BAC is below the legal limit, law enforcement must rely on observable evidence of impairment. This includes physical behavior, speech, coordination, and response times. Officers often use a combination of tools and observations to make this judgment.
Common forms of evidence include:
- Erratic driving behavior (weaving, sudden stops, slow response)
- Field sobriety test results (balance, eye movement, following instructions)
- Physical signs (bloodshot eyes, slurred speech, odor of alcohol)
- Driver statements (admitting to drinking, inconsistent stories)
- Inability to perform basic tasks during the stop
If an officer believes that alcohol or another substance is impairing your ability to drive safely—even without reaching the 0.08% threshold—they can make an arrest under Indiana’s impairment-based OWI law.
What About Other Substances and OWI Charges?
In Indiana, OWI charges are not limited to alcohol. You can also be charged for impairment caused by:
- Illegal drugs
- Prescription medications
- Over-the-counter medications
Some substances may not raise your BAC at all, but they can still impair your ability to drive. If you show signs of being under the influence—regardless of what caused it—you may still face OWI charges.
Importantly, if alcohol and drugs are both involved, even at low levels, their combined effect on impairment can be considered by law enforcement and the court.
This broader interpretation of “impairment” is why you may see OWI charges brought forward even when chemical test results don’t seem alarming on paper.
Underage and Commercial Drivers: Lower Limits Apply
For certain drivers, the standard BAC threshold of 0.08% doesn’t apply:
- Drivers under 21: Indiana enforces a zero-tolerance policy, with a legal limit of 0.02% BAC
- Commercial drivers (CDL holders): The legal limit is 0.04% BAC, whether operating a commercial vehicle or not
For these categories, reaching even a very low BAC can result in an OWI or related charge. For underage drivers in particular, any detectable alcohol combined with signs of impairment can be enough for legal consequences.
This reinforces the importance of knowing not just the general limit, but how the law treats specific groups of drivers in Indiana.
Can You Be Convicted of OWI With a BAC Below 0.08%?
Yes. In Indiana, prosecutors can pursue an OWI conviction if they have sufficient evidence that you were impaired, even if your BAC is below 0.08%. Courts look at the totality of the evidence, not just the chemical test result.
For example:
- A driver with a 0.06% BAC who is swerving between lanes and fails field sobriety tests could be convicted of OWI.
- A driver with a 0.04% BAC who causes an accident and appears visibly impaired may also face charges.
While lower BAC levels may influence the severity of penalties, the conviction itself can still carry consequences such as fines, probation, license suspension, and increased insurance rates.
Frequently Asked Questions About OWI Below the Legal Limit in Indiana
Is 0.08% the only way to be charged with OWI in Indiana?
No. Indiana allows charges for impairment-based OWI, even if BAC is below 0.08%, if behavior or performance suggests you’re not driving safely.
Can a 0.05% BAC result in an OWI arrest?
Yes, especially if the officer has other evidence that you were not in control of your vehicle or showed signs of impairment.
Is a breath test always required to be charged?
No. While breath, blood, or urine tests are common, impairment charges can be based on observations and field sobriety tests alone.
Does being under the limit protect you from license suspension?
Not necessarily. If you are convicted of OWI—even under the legal limit—your license can still be suspended under Indiana law.
How does this apply to underage drivers?
Drivers under 21 can be charged with an alcohol violation at 0.02% BAC or higher, regardless of impairment signs.
What happens if I refuse a chemical test?
Indiana’s implied consent law means refusing a test can lead to automatic license suspension, even if you are ultimately not convicted.
Conclusion: OWI Charges Can Happen Below the Legal Limit in Indiana
In Indiana, it’s not enough to simply stay under the 0.08% BAC threshold. If law enforcement believes your ability to drive is impaired by alcohol or another substance, you can still face OWI charges—even with a lower BAC reading.
Drivers should understand that the law is based on impairment, not just numbers. This broader interpretation means that staying cautious and avoiding alcohol altogether before driving is the only sure way to avoid legal consequences.
To learn more about the role of BAC in OWI enforcement, visit Blood Alcohol Content And Legal Limits.
For more context on how BAC is used under the law, check out What Blood Alcohol Content (BAC) Means Under DUI Laws.