OWI penalties.
Summary
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.
Bill status
passed
3 of 5 stages cleared
Introduction
Jan 2026
Committee Review
Feb 2026
Senate Passage
Jan 2026
House Passage
Governor
Introduced Jan 8, 2026
Last action Feb 12, 2026
Maddy AI version diff · 2 comparisons
What changed between versions
Senate Bill (S)
→
Senate Bill (H)
·
4 edits
MODERATE
The bill was renumbered from SB 251.1 to SB 251.2 and its effective date was accelerated from July 1, 2026 to upon passage. A new section was added requiring the budget director to review whether removing administrative suspension provisions will reduce federal highway funding, with implementation delayed pending a committee review. The bill also expanded the list of statutes affected by the changes and updated the bill's digest to reflect these new requirements.
Scope change
The bill's scope was expanded to include a new budget review requirement regarding federal highway funding implications of the administrative suspension changes.
FISCAL
Added a requirement for the budget director to review and determine if federal highway funding will be reduced due to the removal of administrative suspension provisions, with implementation delayed until after a budget committee review.
TIMELINE
Changed the effective date of the bill from July 1, 2026 to upon passage.
TECHNICAL
Updated the bill number from SB 251.1 to SB 251.2 and added a co-sponsor to the list of sponsors.
SCOPE
Expanded the list of affected Indiana Code citations to include additional statutes related to traffic violations and administrative suspensions.
Floor votes · Senate Jan 28, 2026
How they voted
46–1
Passed · 1 other
Total votes 48
Jan 28, 2026
D
Democratic9
88% Yea
R
Republican39
97% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
13
Key actions
4
Committee
4
Feb 12, 2026
Committee
Recommitted to Committee on Ways and Means pursuant to House Rule 126.3
lower
Feb 12, 2026
Lower · Passed
Committee report: amend do pass, adopted
lower
Jan 28, 2026
Upper · Passed
Third reading: passed; Roll Call 124: yeas 47, nays 1
upper
Jan 22, 2026
Upper · Passed
Committee report: amend do pass, adopted
upper
Jan 13, 2026
Upper · Passed
Committee report: amend do pass adopted; reassigned to Committee on Appropriations
upper
3 primary · 2 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Aaron Freeman
RRepublican
P
Chris Jeter
RRepublican
P
Cyndi Carrasco
RRepublican
Co
Ed Charbonneau
RRepublican
Co
Julie Olthoff
RRepublican
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