In Indiana the OWI statute is divided into 2 categories. OWIs that do not require a breath score. First it is a class C Misdemeanor to operate a vehicle intoxicated; the offense becomes a class A Misdemeanor if you operate in a manner that endangers a person. The second is know as the Per Se law. It is a class C Misdemeanor to operate a vehicle with a blood or breath score over .08 gram; the offense becomes a class A Misdemeanor if BAC is .15 or over. However, a BAC at .05 can be introduced in court for the OWI cases that do not require a score, as reliable evidence of intoxication, when coupled with other observations of intoxication.
