Senate Bill

SB 251

OWI penalties.

In plain English

Requires courts to order at least 10 days in jail or community service for a person with one prior OWI conviction, and at least 20 days for two prior convictions. It counts watercraft as vehicles for OWI, repeals the separate motorboat OWI crime, and allows good time credit for these sentences. It also makes other changes.

Written by AI from the official digest below, and checked only by automated rules. If they differ, the official digest and bill text control.

Official digest

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.

Latest action: Recommitted to Committee on Ways and Means pursuant to House Rule 126.3, February 12, 2026Full text and history at iga.in.gov

Authors and sponsors

Aaron Freeman, Cyndi Carrasco, Chris Jeter

Co-authors and co-sponsors: Ed Charbonneau, Julie Olthoff

Roll-call votes

1 recorded vote, oldest first. Third-reading votes decide whether a bill passes a chamber; amendment votes and procedural motions are listed too.

Senate · Jan 28, 2026

Third reading: vote to pass

Roll call text: SB 251 - Freeman - 3rd Reading

Passed

47 yes1 no1 did not vote

Republicans: 38 yes, 0 no, 1 did not voteDemocrats: 9 yes, 1 no

How each member voted

Source: Open States, compiled from the Indiana General Assembly's official roll calls. The official record at iga.in.gov controls. Spot an error? Let us know.