Q: Where can I find out the actual law on the washout period when it comes to drunk driving? This is for the state of IN
A:
The Operating While Intoxicated statutes are found at Indiana Code 9-30-5. A misdemeanor charge of Operating While Intoxicated (or the "per se" violation of operating over the limit) can be enhanced to a felony if the person has a prior conviction of OWI within five years of the instant offense.
Here is the pertinent part of that statute:
"IC 9-30-5-3
Class D felony; previous convictions; passenger less than 18 years of age
Sec. 3. (a) Except as provided in subsection (b), a person who violates section 1 or 2 of this chapter commits a Class D felony if:
(1) the person has a previous conviction of operating while intoxicated that occurred within the five (5) years immediately preceding the occurrence of the violation of section 1 or 2 of this chapter;"
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