Chapter 5 · Lesson 11 of 13
OWI, watercraft, child support, and dishonored-payment suspensions
5 min read · Points, Suspensions, and Insurance Requirements
Explanation
Operating a vehicle while intoxicated, or with a BAC over Indiana’s .08 legal limit, is a criminal offense with an immediate effect on your driving privilege — separate from any later court case. Probable-cause suspensions scale with the situation: 180 days for failing a chemical test, one year for refusing the test outright, and two years for refusing it with a prior OWI conviction already on record. A court can add its own suspension on top of that probable-cause suspension after an OWI conviction, and may order specialized driving privileges or require an ignition interlock device that checks BAC before the car will start. If the driver is under 18, the Juvenile Court may also recommend a suspension.
The same penalties apply if you’re convicted of operating a watercraft while intoxicated — that conviction is forwarded to the BMV and becomes part of your driver record, just like a motor-vehicle OWI.
Two other situations can suspend your privileges outside of traffic enforcement entirely: a court finding you delinquent on child support can have the BMV suspend your license until the court orders it reinstated, and submitting a payment to the BMV that turns out to be dishonored (like a bounced check) triggers an indefinite suspension until you pay the obligation plus all service, collection and reinstatement fees.
Example
A driver refuses a chemical test during a traffic stop and already has a prior OWI conviction. Instead of the standard one-year refusal suspension, they face two years — and if convicted, the court could add its own suspension and require an ignition interlock device on top of that.
Common mistake
Assuming refusing a chemical test avoids any suspension since there’s “no proof.” The manual treats refusal as its own trigger — one year for a first refusal, two years if there’s already a prior OWI conviction — independent of whether a test was ever completed.
What the manual says
Operating a vehicle while intoxicated or with a blood alcohol concentration (BAC) in excess of the legal limit (.08) is a criminal offense and has an immediate effect on your privilege to operate a vehicle.
A motorist with a previous conviction for operating while intoxicated who refuses to submit to a chemical test will face a suspension of driving privileges for two years.
If you are convicted of operating a watercraft while intoxicated, your driving privileges are subject to the same penalties as an operator of a motor vehicle.
Sources
- Manual p. 23
“Operating a vehicle while intoxicated or with a blood alcohol concentration (BAC) in excess of the legal limit (.08) is a criminal offense and has an immediate effect on your privilege to operate a vehicle.”
- Manual p. 24
“A motorist who fails a chemical test will face a suspension of driving privileges for 180 days.”
- Manual p. 24
“A motorist who refuses to submit to a chemical test will face a suspension of driving privileges for one year.”
- Manual p. 24
“A motorist with a previous conviction for operating while intoxicated who refuses to submit to a chemical test will face a suspension of driving privileges for two years.”
- Manual p. 24
“In addition to a probable-cause suspension, a court may suspend a person's driving privileges following a conviction for operating while intoxicated.”
- Manual p. 24
“If the motorist is eligible, the court may issue an order for specialized driving privileges. The court may also require the installation of an ignition interlock device, which mechanically tests the driver's blood alcohol level before his or her car can be started.”
- Manual p. 24
“When a driver who is under 18 years of age is cited for operating a vehicle while intoxicated, the Juvenile Court may also recommend a suspension of his or her driving privileges.”
- Manual p. 24
“If you are convicted of operating a watercraft while intoxicated, your driving privileges are subject to the same penalties as an operator of a motor vehicle.”
- Manual p. 24
“A conviction of operating a watercraft while intoxicated is forwarded to the BMV and the conviction becomes part of your driver record.”
- Manual p. 24
“A court that has determined a parent is delinquent in paying child support may order the BMV to immediately suspend the delinquent parent's driving privileges until the BMV receives an order from the court to reinstate the parent's driving privileges.”
- Manual p. 24
“The BMV will indefinitely suspend your driving privileges if you submit payment to the BMV for any services or fees and that payment was not honored. To reinstate your driving privileges, you must pay the amount of the obligation plus all applicable service, collection and reinstatement fees.”
Check your understanding
Question 1 of 3