summary
Introduced
01/08/2026
01/08/2026
In Committee
02/12/2026
02/12/2026
Crossed Over
01/29/2026
01/29/2026
Passed
Dead
Introduced Session
2026 Regular Session
Bill Summary
OWI penalties. 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 receives good time credit while serving a sentence imposed under this statute (under current law, a person does not receive good time credit).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. Makes certain provisions concerning pretrial administrative suspension of driving privileges discretionary with the court.Provides that the budget director shall review and determine before December 31, 2026, whether federal highway administration funding to the state will or will not be reduced due to the amendment of provisions concerning administrative suspension of driving privileges. Requires the budget director to notify the budget committee of the determination and those provisions may not be implemented until after budget committee review. Makes conforming amendments.
AI Summary
This bill, titled "OWI penalties," proposes several changes to Indiana law concerning operating while intoxicated (OWI). Key provisions include increasing mandatory jail time for repeat OWI offenders, with a minimum of 10 days for one prior conviction and 20 days for two or more prior convictions, though these sentences can be served through community service and good time credit will now apply. The definition of "vehicle" for OWI offenses is expanded to include watercraft, and the separate crime of operating a motorboat while intoxicated is repealed. The bill also allows individuals to waive their initial court hearing and apply for specialized driving privileges afterward, and adds OWI due to controlled substance use to the habitual traffic violator statute. Additionally, it authorizes roadside chemical tests under certain conditions, restricts ignition interlock devices to alcohol-related OWI offenses, and makes certain pretrial driving privilege suspensions discretionary. Finally, the bill requires the budget director to assess potential federal highway funding impacts from these changes and report to the budget committee before implementation.
Committee Categories
Budget and Finance, Justice
Sponsors (5)
Last Action
Recommitted to Committee on Ways and Means pursuant to House Rule 126.3 (on 02/12/2026)
Official Document
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