If you’re facing a charge for a DUI or OWI in Indiana, you’re likely feeling overwhelmed—and you’re right to take this seriously. As an attorney experienced in impaired-driving defense, I want to help you understand how the laws apply in Indiana, what you’re up against, and what steps you should take next.

Whether you’ve been arrested for a first-time offense or you’re dealing with more serious enhancement issues, the information below will give you a clear, fact-based understanding of your situation and how an Indiana DUI attorney can protect your rights.

If you’re facing an OWI charge in Indiana, call 1-888-839-4384 or use our online contact form for a free consultation with a top-rated OWI lawyer in Indiana today!

1. What does a DUI/OWI in Indiana mean?

In Indiana the statutory terminology refers to “operating a vehicle while intoxicated” (OWI), rather than explicitly using “DUI.” However, many people use “DUI in Indiana” interchangeably. The key statute is in the Indiana Code Title 9, Motor Vehicles, Article 30, Chapter 5

1.1 Basic definitions

Under Indiana law, a person who operates a vehicle with a blood alcohol concentration (BAC) of 0.08% or greater (or the equivalent breath concentration) commits an offense.
Subsection (a) of IC 9-30-5-1 states that a BAC of at least 0.08 but less than 0.15 grams per 100 milliliters of blood (or 210 liters of breath) is a Class C misdemeanor.
Subsection (b) states that a BAC of 0.15 or greater commits a Class A misdemeanor.
Operating a vehicle while under the influence of a schedule I or II controlled substance (or metabolite) is also covered.

1.2 Distinctions: Why “OWI in Indiana” matters

Although many people say “DUI lawyer in Indiana” or “DUI in Indiana,” the official label is OWI. That doesn’t change how seriously the courts treat the matter—but working with an Indiana OWI lawyer who understands the statutory framework is important. Many legal professionals will still use “DUI attorney in Indiana” as shorthand, but what matters is how the law is applied.

1.3 Why you should view this as more than a traffic ticket

The statute explicitly treats OWI charges as criminal offenses—not mere traffic infractions. That means your future driving privileges, your record, your insurance rates and overall liberty may be affected if you’re convicted. Early legal representation is therefore critical.

2. Possible penalties and consequences

When you face a charge for a DUI in Indiana (i.e., OWI), both the criminal penalties and administrative collateral consequences are significant.

I’ll break down both:

2.1 Criminal penalties

According to the Indiana Criminal Justice Institute, penalties depend on your offense count, BAC level, whether someone was endangered, and whether you refused testing. Some of the key benchmarks:

First offense: For a Class C misdemeanor (BAC 0.08–0.149), jail up to 60 days; Class A (BAC 0.15+ or endangering a person) up to 1 year in jail and fines.
A repeat offense within seven years—or if you have a minor passenger or previous OWI—may elevate it to a felony (Level 6).
If the operation caused serious bodily injury or death, penalties rise to Level 5 or Level 4 felonies.

2.2 Administrative/License consequences

Separate from criminal court, your driving privilege is impacted. The Indiana Bureau of Motor Vehicles notes:

If you refuse a certified chemical test you face automatic license suspension—one year for refusal.
If you provide a test and your BAC is 0.08% or more, minimum 30-day suspension, followed by probationary status up to 180 days.
These administrative actions apply even before any conviction in criminal court. That’s why acting quickly matters.

2.3 Long-term impact

Even after serving jail time or paying fines, the consequences may include:

Having a criminal record that can impact employment, professional licensing, housing.
Carrying higher insurance rates, possibly requiring high-risk insurance.
Potential ignition interlock device installation, restricted driving privileges, and multiple years of monitoring.

As your Indiana DUI attorney, I would evaluate all these aspects—not just the criminal count—but how the administrative and long-term collateral consequences impact you.

3. Key legal issues and defense strategies

Facing a charge of OWI in Indiana means the prosecution must prove you met the elements of the statute. Working with an Indiana DUI lawyer means exploring defenses, procedural issues, and individual facts. Here are major areas I review with clients.

3.1 Was there lawful “operation” of a vehicle?

One surprising defense angle arises when someone is alleged to have been “operating” but may not have been actively driving. Under Indiana case law, simply being in a parked vehicle does not always satisfy the “operation” element. If the vehicle was inoperative or you were not in physical control (e.g., engine off and you intended no movement), that can be a meaningful defense. I would examine police reports, scene photographs, timing of test, and whether the vehicle was capable of operation.

3.2 Validity of chemical tests and BAC evidence

Because the statute gives per se rules for BAC 0.08 and 0.15, challenges to the accuracy, calibration, collection, chain-of-custody of tests are common.

For example:

Was the certified breath test machine properly maintained?
Was the blood draw legally administered (if applicable)?
Was the testing done within legally mandated time frames?
Was there evidence of residual mouth alcohol or other contamination?

An Indiana OWI lawyer will scrutinize lab reports, protocols, and operator logs.

3.3 Field sobriety test and officer conduct

The stop, detention, field-sobriety tests (walk-and-turn, one-leg-stand, horizontal gaze nystagmus) and subsequent arrest must comply with constitutional standards. I would investigate:

Whether the initial stop had reasonable suspicion.
Whether the standardized field-sobriety tests were administered under valid conditions.
Whether any drug-recognition expert (DRE) or roadside oral fluid test was used and followed protocols. The state has a program for oral-fluid testing (via Indiana Criminal Justice Institute) for detection of certain drugs.

3.4 Prior convictions and enhancement issues

If you have a prior OWI conviction within the past seven years—or certain aggravating factors like a minor in the vehicle—the charge may elevate to a felony. I would review your prior record carefully, ensure any prior adjudication counted toward enhancement was valid, and whether proper notice was given.

3.5 Implied consent and refusal issues

Under Indiana’s implied consent statute (IC 9-30-6-1 and related code) by driving you consent to chemical testing. Refusing poses significant problems: automatic license suspension, and in some situations the refusal evidence may be used against you.

The state traffic safety site points out that refusing a test leads to license suspension for one year. As your attorney, I would evaluate whether the implied consent notice was properly given, whether you were fully advised of consequences, and whether there were mitigating factors (medical issues, confusion, etc).

3.6 Negotiation, plea, diversion, and mitigation

A skilled Indiana DUI attorney does more than go to trial—they evaluate the risks, negotiate with prosecutors, and explore alternatives. Depending on your case facts, it might be possible to:

Negotiate reduction of charges (for example, reduced to reckless driving rather than OWI).
Seek diversion or pre-trial intervention (depending on county).
Argue for minimal license loss or ignition-interlock in lieu of full suspension.
Mitigate sentencing: Show prompt treatment for alcohol/drug issues, safe driving record, employment consequences of conviction.

4. What you should do right now—immediate steps

If you were arrested or charged for a DUI in Indiana, act quickly. Here’s a clear roadmap of steps I always recommend to clients:

Contact an experienced Indiana DUI attorney immediately. Time is of the essence. Your lawyer can act on statutory deadlines (for example, license-suspension hearings) and preserve critical evidence.
Do not plead guilty without legal advice. Even a first offense can have long-lasting consequences—criminal record, insurance, employment. An Indiana OWI lawyer will explain your options and potential risks.
Request the license-suspension hearing. If you refused a test or provided a test over 0.08%, you typically have a short time (often 10 days from the notice) to request an administrative hearing. Failing to act can lock in your license suspension.
Gather documentation. Your attorney will need to review: the police report, breath/blood test results, maintenance logs for machines, stop and arrest video (if available), DMV/IN BMV correspondence, your driving history, and any prior offenses.
Think about your alcohol/drug history. If you have a substance-use issue, starting proof of treatment early (even pre-emptively) can help at sentencing or negotiation.
Avoid contaminating the scene. Refrain from discussing your case on social media, avoid consuming more alcohol or drugs, and do not destroy any evidence. Your attorney may request preservation of video, machine logs and other data.

By taking these steps early, your Indiana DUI lawyer can give you the best chance at minimizing the damage and protecting your future.

5. How an Indiana DUI attorney can make a difference for your case

When I represent clients charged with OWI in Indiana, I bring a blend of technical, legal and strategic advocacy. Here’s what you should expect from a qualified attorney:

5.1 Technical and scientific review

Your attorney will scrutinize every detail: calibration records of breath machines, timeline between stop and test, chain of custody for samples, accuracy of field-sobriety tests and chemical tests, officer certification, and whether the stop met constitutional standards. Science and procedure matter.

5.2 Legal strategy tailored to you

No two cases are identical. Your Indiana OWI lawyer will analyze:

Your BAC or drug level, the prior record, whether minors or injuries were involved.
The jurisdiction (since each county may handle these cases differently).
The administrative license‐suspension hearing potential and how to align it with criminal case strategy.
Whether your case is better suited for trial, plea negotiation, or diversion.

5.3 Advocacy with prosecutors and court

I will communicate with the prosecutor on your behalf—negotiating charge reductions, working to minimize penalties, seeking ignition interlock rather than full license suspension, or other creative solutions. The goal is to preserve your livelihood, driving privilege, and freedom.

5.4 Protecting your long-term interests

Beyond the immediate case, I’ll help you understand how a conviction can affect your insurance, employment, professional licensing, and future driving privileges—and work aggressively to mitigate those risks.

5.5 Experience with the Indiana system

Experience matters. Understanding how various Indiana county courts handle OWIs—what judges expect, what prosecutors are willing to do, and local practices—is vital. Your attorney should have a track record and client testimonials you can verify.

6. Frequently asked questions (and straightforward answers)

Q: Is a first OWI in Indiana always a misdemeanor?
A: Generally yes—but it depends. A first offense where BAC is between 0.08% and less than 0.15% and no aggravating factors is a Class C misdemeanor. If the BAC is 0.15% or higher, or you endangered someone, it could be Class A. A felony may apply if you have a prior within seven years or had a minor passenger.

Q: Will I automatically lose my license if arrested?
A: You face administrative suspension if you refuse testing (one year), or if you submit and the result is 0.08%+ you face at least 30 days suspension before probationary driving may be available. It’s not automatic that you lose it forever—but you must act quickly.

Q: Does it matter if I refused the breath test?
A: Yes. Refusal triggers automatic suspension, and the fact of refusal may be used by prosecutors as evidence. Plus, refusal limits some possible defenses tied to test accuracy. Your attorney must evaluate whether you were properly informed and whether any defense to the refusal exists.

Q: Can I still drive if I install an ignition interlock device?
A: In many counties yes. Some courts allow driving under restricted circumstances (employment, required errands) with an ignition interlock device (IID) instead of full suspension. Your Indiana DUI lawyer can negotiate for that avenue where available.

Q: What if the stop happened while I was just parked or non-moving?
A: That’s an important defense. If you were in a parked vehicle and not actually operating it, your attorney can challenge the “operation” element of the charge. Cases exist where convictions were reversed on that basis. bbgibson.com

Q: How much will this cost me beyond fines?
A: Beyond fines and possible jail, you face costs like: legal fees, drug/alcohol treatment or monitoring, ignition interlock installation and maintenance, license reinstatement fees, increased insurance premiums, potential employment implications. It’s not just the court fine.

7. Why you should partner with me for your Indiana DUI case

When you choose a qualified Indiana DUI attorney, you’re choosing someone who sees the person behind the case—you. I bring:

A deep grasp of Indiana’s OWI law and the statutes and case law that determine how your case will be evaluated (IC 9-30-5, IC 9-30-6 etc).
A scientific mindset: I review breath-test machine logs, blood sample protocols, field-sobriety test methodology, and in-depth police report analysis.
A personalized legal strategy: I don’t treat every case the same. I tailor the approach based on your prior record, the specific facts, the county and judge, and your personal circumstances.
A hands-on approach: I’m available to you, I explain your rights in plain English, I answer your questions, and I act with urgency because timing matters.
Compassion: Being arrested for a DUI in Indiana is frightening. You may be worried about your job, your family, your future. I treat you with respect, I protect your rights, and I advocate aggressively on your behalf.

8. Final thoughts & what to do next

A charge for a DUI in Indiana (i.e., an OWI) is serious—but how it ultimately affects your life depends heavily on how it’s handled. Here are your take-away action points:

Don’t wait. The sooner you contact an Indiana DUI lawyer, the more options you preserve—especially regarding license suspension and negotiating.
Avoid assuming you “get off” with a fine. Even a first offense comes with collateral consequences.
Understand that every step matters: the stop, the tests, the license hearing, the criminal court. Your attorney must address all of these.
Be honest with your lawyer—tell them everything. The more information they have, the better they can strategize.
Don’t miss deadlines. Administrative hearings, discovery deadlines, and plea windows exist—and missing them can hurt your case.
Understand the long-term effects. Insurance, employment, public record, driving privileges—all can be impacted. Your attorney should help you plan for that.

If you’ve just been arrested for operating while intoxicated in Indiana, you don’t have to face this on your own. With the right representation you can put yourself in the best possible position to fight the charges, mitigate the damage, and protect your future.

Take the next step now. Reach out to an experienced Indiana DUI attorney. Let’s review your case, evaluate your evidence, and build a tailored defense strategy aimed at minimizing consequences and preserving your rights.

Your future matters—and acting promptly gives you the best chance to protect it.

Call 1-888-839-4384 for a free consultation today!

Indiana DUI Lawyers