Rob King & Associates, Trial Lawyers | December 26, 2025 | Car Accidents
Many people use “DUI” to refer to drunk driving. However, some states use other terms to refer to impaired driving, such as DWI or OWI. But what do these terms actually mean under Indiana law? And is there a real difference between them?
The answer is both simple and important: In Indiana, there is no legal distinction between DUI and DWI. The state uses the term OWI (Operating While Intoxicated) to describe all impaired driving offenses. This article explains OWI in Indiana and how it can impact a personal injury case after a DUI accident in Indianapolis.
DUI vs. DWI vs. OWI in Indiana
Driving under the influence of alcohol and/or drugs is illegal in all 50 states. However, states use different terms to describe the criminal offense of driving under the influence.
Terms you may hear associated with drunk or drugged driving include:
- DUI – Driving Under the Influence
- DWI – Driving While Impaired or Intoxicated
- OWI – Operating While Intoxicated
Indiana uses the term OWI for operating a vehicle under the influence, but many people may use DUI instead of OWI. Therefore, you may hear OWI, DUI, and DWI used interchangeably when discussing drunk driving charges in Indiana, depending on the context.
What Does OWI Mean in Indiana?
Section 9-30-5 of the Indiana Code describes the criminal offense of operating a vehicle while intoxicated (OWI).
This law makes it illegal to operate a vehicle:
- With a blood alcohol concentration (BAC) of 0.08% or higher (the legal limit for commercial drivers and underage drivers is lower)
- While under the influence of drugs (including prescriptions and illegal substances)
- While impaired by a combination of alcohol and drugs
Indiana’s OWI law is broad and applies to any situation in which a person operates a vehicle. Vehicles include cars, motorcycles, boats, and even bicycles. The law also covers situations where a person is not actually driving but is in physical control of a vehicle while intoxicated.
Penalties for Drunk Driving in Indiana
OWI offenses can be classified as misdemeanors or felonies. Many first-time OWI charges are misdemeanors, but can be elevated to felonies in specific circumstances.
The penalties for OWI in Indiana depend on several factors, including:
- Whether it’s your first offense
- Your BAC level
- Whether there were aggravating factors (such as causing injury or death)
- Whether you have prior OWI convictions
OWI convictions can result in severe penalties, including incarceration, fines, driver’s license suspension, drug/alcohol treatment, and community service. The penalties for drunk driving increase for repeat offenders and when aggravating factors are present.
Who Is Responsible for Damages Caused by a DUI Accident in Indiana?
In Indiana, drivers are required to purchase minimum amounts of liability insurance. If a driver causes an accident, victims can file claims with the driver’s insurance provider to seek compensation for both economic and non-economic damages. Accident victims can also file lawsuits against at-fault drivers seeking personal judgments for damages.
Being charged with OWI does not automatically make a driver responsible for damages after a DUI accident. The injured party must prove that the drunk driver caused the accident.
The legal elements of negligence in a DUI accident claim are:
- The driver owed a duty of care to operate the vehicle safely and follow traffic laws.
- The driver breached their duty by failing to use reasonable care.
- The driver’s breach of duty directly and proximately caused the crash.
- The victim sustained injuries and losses because of the crash.
It is crucial to work with an experienced Indianapolis DUI accident lawyer to protect your rights after a crash.
Steps to Take if You Are Involved in an Accident with a Drunk Driver
If you are involved in a car accident with a drunk driver, you should generally:
- Call 911 to report the crash and request police and medical services.
- Do not confront a drunk driver—intoxicated individuals can be aggressive.
- Tell the officer anything you saw and heard that could indicate the other driver may be intoxicated (i.e., the vehicle weaving before the accident, driving too slowly, making unsafe lane changes, slurring their words, etc.).
- Take photographs of the accident scene and the vehicles.
- Ask witnesses for their names and contact details.
- Seek immediate medical treatment.
Taking these steps can protect your health and your right to compensation for your losses.
Contact Our Indianapolis Car Accident Lawyer at Rob King & Associates, Trial Lawyers for a Free Consultation
DUI accident claims can involve complex legal issues. Consult an experienced Indianapolis car accident lawyer early in the process. Call Rob King & Associates Trial Lawyers for a free consultation about your case.
We proudly serve Marion County and its surrounding areas.
Rob King & Associates, Trial Lawyers – Indianapolis Office
320 N Meridian St Suite 906
Indianapolis, IN 46204
(317) 916-0000
