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SB 251

BillStateINSenate
OWI penalties.
About This Bill
Latest Action · Feb 12, 2026
Recommitted to Committee on Ways and Means pursuant to House Rule 126.3
Session
2026
Introduced
Jan 8, 2026
Primary Sponsor
Aaron Freeman· author

Summary

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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.

Subjects

CRIMINAL LAW AND PROCEDURE; Motor Vehicle Offenses (Excluding Traffic Violations)LAW ENFORCEMENT; GenerallyTRANSPORTATION; LandcraftTRANSPORTATION; Traffic Rules, Regulations, Penalties, and Violations

Co-sponsors (4)

Cyndi Carrasco · author
Ed Charbonneau · coauthor
Chris Jeter · sponsor
Julie Olthoff · cosponsor

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