In all OWI cases jail is a possibility as the various charges do carry a potential jail sentence. However, if there is a prior case(s) then the law requires either 5 days jail or 10 days jail.
Straight from the Indiana state government website:
If You Are Convicted of Operating a Motor Vehicle While Intoxicated
First Offense
You will have to pay court costs and fees in excess of $300.
You may receive a jail sentence of up to one year.
You will be fined up to $5,000.
Your license may be suspended up to two (2) years, or
You may be placed on probation and be required to enroll in, and pay for, a substance abuse education course. Your license may also be suspended for a minimum of 30 days followed by a 180-day probationary period in which you can only drive for employment purposes.
You may be required to attend a victim impact panel.
You may be required to submit to urine testing for drugs and alcohol.
You may also face other terms of probation.
