DUI Lawyer in Indianapolis, IN
Indianapolis DUI, OWI & OVWI Defense
Indiana law refers to impaired-driving offenses as operating a vehicle while intoxicated. Many people still refer to these charges as DUI, while OWI and OVWI are also commonly used. Whatever terminology is used, an Indiana impaired-driving case can involve both the criminal charge and important issues affecting driving privileges.
This page explains common Indiana DUI, OWI, and OVWI issues, including when a person may be arrested, possible penalties, chemical testing and implied consent, potential defenses, and other consequences of a charge.
When Can You Be Arrested for DUI, OWI or OVWI in Indiana?
Police may arrest a person for an Indiana impaired-driving offense when the facts known to the officer establish probable cause to believe the person operated a vehicle in violation of Indiana law. That determination can depend on the totality of the circumstances, including driving behavior, observations during the stop, statements, field sobriety testing, and chemical-test evidence. Probable cause is a lower standard than proof beyond a reasonable doubt, which is the standard the State must ultimately satisfy to obtain a conviction.
Indiana law separately prohibits operating a vehicle with an alcohol concentration equivalent of 0.08 or more and operating a vehicle while intoxicated. These are related but distinct theories, and the evidence required in a particular case depends on the charge actually filed.
What an Indianapolis DUI Attorney Reviews in an OWI or OVWI Case
Indiana impaired-driving cases can involve much more than whether a driver appeared intoxicated. A careful defense analysis may include the reason for the traffic stop, the officer’s observations, field sobriety testing, chemical-test procedures, implied-consent issues, warrants, and the collection and handling of blood or urine evidence.
The issues that matter most vary from case to case. A review may lead to more detailed questions about chemical testing and implied consent, driving-privilege consequences, prior impaired-driving convictions, or other subjects addressed in the specialized resources on this page.
Indiana DUI, OWI & OVWI Charges and Penalties
Indiana impaired-driving charges can arise under different statutory theories. One prohibits operating a vehicle with an alcohol concentration equivalent of at least 0.08. Another prohibits operating a vehicle while intoxicated. The classification and potential penalties depend on the specific offense charged and the circumstances of the case.
Depending on the offense, an Indiana DUI, OWI, or OVWI case can involve jail or imprisonment, fines and court costs, probation, substance-abuse evaluation or treatment requirements, and consequences affecting driving privileges.
The potential exposure can change substantially when the case involves a prior impaired-driving conviction, serious bodily injury, an underage driver or minor passenger, or other circumstances addressed elsewhere on this site.
Driver’s-license consequences can also involve issues separate from the criminal sentence. See our Driver’s License Consequences page for more detail. Commercial drivers may face additional CDL consequences under separate rules, which are addressed on our CDL DUI page.
Factors That Can Increase the Seriousness of an Indiana DUI, OWI or OVWI Case
The seriousness of an Indiana impaired-driving case can change substantially depending on the facts and the defendant’s prior record. Some circumstances can affect the level of the OVWI charge itself, while others may result in separate criminal charges or become relevant at sentencing.
Examples include a higher alcohol concentration, a prior impaired-driving conviction, serious bodily injury or death, certain circumstances involving a minor passenger, and additional alleged offenses arising from the same incident.
Cases involving a collision may also present separate factual and legal issues. See our DUI Accidents page and DUI Causing Serious Injury page for more detail.
These circumstances do not all operate in the same way. Their effect depends on the statute charged, the defendant’s criminal history, and the evidence in the particular case.
Possible Outcomes in an Indiana DUI, OWI or OVWI Case
An impaired-driving case can resolve in several different ways. The available outcomes depend on the charges filed, the admissible evidence, the defendant’s prior record, and the legal issues presented by the investigation and testing.
Possible resolutions can include dismissal of one or more charges, suppression or exclusion of evidence, amendment of charges, a negotiated plea agreement, trial, acquittal, or conviction. Driving-privilege issues may proceed separately from the criminal case; see our Driver’s License Consequences page for more detail.
Indiana DUI, OWI & OVWI Tests and Implied Consent
Indiana’s implied-consent law governs chemical testing in impaired-driving investigations. When a chemical test is properly offered under the statute, refusing the test can create consequences for driving privileges that are separate from the ultimate outcome of the criminal case.
Certified breath, blood, and urine testing are different from portable roadside breath testing and field sobriety tests. Each procedure involves different legal, evidentiary, and reliability issues.
For a more detailed discussion of chemical tests, field sobriety tests, refusals, and testing procedures, see our Indiana DUI Testing page.
Potential Defenses in an Indiana DUI, OWI or OVWI Case
There is no single defense to an Indiana impaired-driving charge. A defense analysis begins with the facts of the investigation and the particular theory charged by the State.
Potential issues may involve the legality of the traffic stop or detention, probable cause, field sobriety testing, certified chemical testing, blood or urine evidence, search warrants, implied-consent procedures, and whether the State can prove each element of the charged offense beyond a reasonable doubt. For more information about breath, blood, urine, and field sobriety testing, see our Indiana DUI Testing page.
Can a DUI, OWI or OVWI Conviction Be Expunged in Indiana?
Some Indiana impaired-driving convictions may be eligible for expungement. Eligibility depends on the classification of the conviction, the time that has passed, the person’s subsequent criminal history, completion of financial obligations, and other requirements of Indiana’s expungement statutes.
Under current Indiana law, a qualifying misdemeanor conviction generally may be eligible for expungement not earlier than five years after the date of conviction, while a qualifying Level 6 felony generally has an eight-year waiting period. A prosecuting attorney may consent in writing to an earlier filing in circumstances permitted by the statute.
Different rules can apply to other felony convictions, including some offenses involving bodily injury. The classification and circumstances of the actual conviction therefore matter when determining whether an OVWI conviction is eligible for expungement.
More Indiana DUI, OWI & OVWI Resources
The following pages provide more detailed information about issues that commonly arise in Indiana impaired-driving cases:
- First DUI Charges – Issues commonly arising in a first DUI, OWI, or OVWI case.
- Second DUI Charges – Issues involving a prior impaired-driving conviction and repeat offenses.
- Indiana DUI Testing – Chemical testing, field sobriety tests, implied consent, and related evidentiary issues.
- CDL DUI – Additional rules and consequences affecting commercial driving privileges.
- DUI Causing Serious Injury – Indiana felony charges involving bodily injury allegedly resulting from impaired operation.
- Drugged Driving Charges – Impaired-driving allegations involving controlled substances or other drugs.
- DUI Accidents – Issues arising when an impaired-driving investigation follows a collision.
- Underage DUI Charges – Indiana impaired-driving laws affecting drivers under twenty-one.
- Driver’s License Consequences – Suspensions, implied-consent consequences, and other driving-privilege issues.
Indianapolis DUI, OWI & OVWI FAQ
Indiana impaired-driving cases raise questions about criminal charges, driving privileges, chemical testing, prior convictions, probation, and possible outcomes. The answers below provide general information about several issues that arise frequently in DUI, OWI, and OVWI cases.
The answer in an individual case depends on the charge filed, the evidence, the person’s prior record, and the circumstances of the investigation.
Will My License Be Suspended After a DUI, OWI or OVWI Arrest in Indiana?
An arrest by itself does not mean that every driver automatically receives the same license suspension. Driving-privilege consequences can arise through Indiana’s implied-consent procedures, a refusal of a certified chemical test, court proceedings involving chemical-test results, a conviction, or other circumstances.
The timing and length of a suspension depend on the legal basis for the suspension and the driver’s history. Criminal charges and driving-privilege issues can also proceed on separate tracks.
See our Driver’s License Consequences after a DUI page for a more detailed discussion.
Does Indiana Have a “Wet Reckless” Charge?
Indiana does not have a separate criminal offense formally called “wet reckless.” The term is used in some other jurisdictions to describe a negotiated disposition involving reckless driving after an impaired-driving arrest.
Indiana does have a separate reckless-driving offense, but whether charges may be amended or resolved through a particular plea agreement depends on the facts, the evidence, the charges filed, and the prosecutor’s agreement. There is no automatic right to have an Indiana DUI, OWI, or OVWI charge reduced to reckless driving. Indiana prosecutors may be reluctant to reduce an OVWI charge, and plea practices vary by county, prosecutor, criminal history, and the evidence in any particular case.
What if I Am on Probation When I Am Arrested for DUI, OWI or OVWI?
A new arrest while a person is on probation may lead to an allegation that the person violated one or more conditions of probation. Whether a violation occurred depends on the conditions of probation and the evidence supporting the alleged violation.
A probation violation is determined through a court proceeding. The consequences can depend on the nature of the alleged violation, the underlying case, the person’s probation history, and the court’s findings. The new impaired-driving case and the probation matter should therefore be evaluated separately.
Will I Go to Jail if I Am Convicted of DUI, OWI or OVWI in Indiana?
Possible incarceration depends on the particular offense of conviction and the circumstances of the case. Indiana impaired-driving offenses can range from misdemeanors to felonies, and prior convictions, injury or death, the presence of a minor passenger, and other statutory circumstances can substantially affect the potential penalties.
The statutory maximum sentence is not the same thing as the sentence that will necessarily be imposed in an individual case. Sentencing depends on the offense level, applicable statutes, aggravating and mitigating circumstances, any plea agreement, and the court’s sentencing decision.
What Is the Difference Between DUI, OWI and OVWI in Indiana?
Indiana statutes use the phrase “operating a vehicle while intoxicated.” OVWI is therefore a useful abbreviation for the statutory terminology, while OWI is also commonly used. DUI — historically “driving under the influence” — remains the term many people use when describing or searching for impaired-driving charges.
On this site, DUI, OWI, and OVWI may all appear because people use all three terms. When discussing the actual Indiana offense, however, the specific statute and charge filed control rather than the shorthand used to describe it.