Repeat impaired drivers would face jail or community service

Courts would order minimum jail time or community service for people convicted of operating while intoxicated who have prior OWI convictions. One earlier OWI conviction calls for at least 10 days in jail or at least 240 hours of community service. Two or more call for at least 20 days or at least 480 hours. These minimums would not raise the maximum sentence allowed for the offense. This sentencing section is marked to start July 1, 2026.

Indiana would count watercraft as vehicles under its operating while intoxicated rules. The definition covers transportation by land, air, or water in the listed intoxicated-operation laws. The amended definition is marked to start July 1, 2026.

Officers would offer a breath test, roadside chemical test, or other chemical test after qualifying crashes. The rule covers people officers have reason to believe operated a vehicle involved in a fatal crash or a crash causing serious bodily injury. A person must take each test an officer offers under this rule. If a roadside test detects a controlled substance, the officer must offer a further chemical test. All chemical tests under this crash rule must be given within three hours after the crash.

A court could recommend immediately suspending driving privileges after finding reason to believe a person violated an intoxicated-operation law. The court would make the recommendation at the first hearing in a covered intoxicated-operation case. The budget director must check whether these suspension provisions would reduce federal highway funding and notify the budget committee. The provisions could not be used until after the committee reviews that finding. If enacted, the funding review duty would begin upon passage, and the director must make the finding before December 31, 2026.