Operating while intoxicated and habitual traffic violators

Key points

1. Operating while intoxicated or with a BAC over the .08 legal limit is a criminal offense.

   Source: Handbook 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”
   Indiana Driver's Manual, Handbook p. 23

2. BAC depends mainly on how much you drink, how fast, and your body weight.

   Source: Handbook p. 23

   “The primary factors in determining an individual’s BAC are the amount of alcohol consumed, how quickly the alcohol is consumed, and the individual’s body weight.”
   Indiana Driver's Manual, Handbook p. 23

3. Failing a chemical test brings a 180 day suspension.

   Source: Handbook p. 24

   “A motorist who fails a chemical test will face a suspension of driving privileges for 180 days.”
   Indiana Driver's Manual, Handbook p. 24

4. Refusing a chemical test brings a 1 year suspension.

   Source: Handbook p. 24

   “A motorist who refuses to submit to a chemical test will face a suspension of driving privileges for one year.”
   Indiana Driver's Manual, Handbook p. 24

5. A court may also require an ignition interlock device.

   Source: Handbook p. 24

   “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.”
   Indiana Driver's Manual, Handbook p. 24

6. Operating a watercraft while intoxicated carries the same license penalties as driving.

   Source: Handbook 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.”
   Indiana Driver's Manual, Handbook p. 24

7. Two judgments for injury or death within 10 years bring a 10 year suspension.

   Source: Handbook p. 25

   “Drivers who accumulate two judgments from the above list within a 10-year period will have their driving privileges suspended for 10 years.”
   Indiana Driver's Manual, Handbook p. 25

8. Two intoxicated driving judgments resulting in death within 10 years bring a lifetime suspension.

   Source: Handbook p. 25

   “within a 10-year period for operating a motor vehicle while intoxicated resulting in death or operating a motor vehicle with blood alcohol content of .08 percent or more resulting in death, will have their driving privileges suspended for life.”
   Indiana Driver's Manual, Handbook p. 25

9. Ten or more traffic violations in 10 years, including a major offense, bring a 5 year suspension.

   Source: Handbook p. 26

   “An HTV under this section is subject to a five-year driving privilege suspension for a person who has accumulated 10 or more traffic violations in a 10-year period, one of which is a major offense as listed in Section A or B or one of the following:”
   Indiana Driver's Manual, Handbook p. 26

Numbers to know

3 questions from the Indiana practice test

1. 1. At what blood alcohol concentration does Indiana identify operation of a vehicle as exceeding the legal limit?

   1. .08
   2. .10
   3. .12
   4. .05
   Show answer

   .08. The manual identifies a BAC in excess of .08 as exceeding Indiana's legal limit for operating a vehicle while intoxicated. The .05, .10, and .12 choices replace the figure stated in the manual with different thresholds. This is a BAC measure, not a count of drinks, and a driver should not treat a value below the threshold as a guarantee of safe driving. The practical cue is that impairment can still make driving unsafe even before a statutory limit is reached.

2. 2. What suspension period does Indiana list for a motorist who fails a chemical test?

   1. 30 days
   2. 180 days
   3. One year
   4. Two years
   Show answer

   180 days. Failing a chemical test in Indiana brings an administrative suspension of driving privileges for 180 days, separate from whatever the court later imposes for the offense itself. Thirty days is too short to match anything in the manual, and one or two years are lengths reserved for repeat or habitual offenders. The suspension follows the test result rather than the conviction, which is why it can begin before the case is heard. Refusing the test carries its own, longer suspension.

3. 3. What suspension follows an Indiana motorist's refusal to submit to a chemical test when there is no prior intoxicated driving conviction?

   1. One year
   2. 180 days
   3. Two years
   4. 30 days
   Show answer

   One year. A motorist who refuses a chemical test faces a one year suspension under the manual. The 180 day choice applies when the motorist fails the chemical test, not when the test is refused. Two years is reserved for a refusal by someone with a previous conviction for operating while intoxicated. A useful test question cue is to separate refusal from failure first, then check whether a prior conviction is mentioned. Without that prior conviction, refusal maps to one year.

Source: the Indiana Driver's Manual, Chapter 5: Points, Suspension, and Insurance Requirements. This lesson is a plain English summary, not the law itself; where it differs, the manual and the statute govern. Last checked 2026-09-27.