Motion to Suppress Evidence in Indiana OWI Cases: A Powerful Defense Tool
Pulled over. Lights flashing. Breathalyzer in hand. It happens fast—and one mistake by law enforcement can flip your entire case. Every year, thousands of Hoosiers face Operating While Intoxicated (OWI) charges in Indiana. But here’s what many don’t realize: if the police violated your rights during the stop, arrest, or testing, you may be able to get critical evidence thrown out of court.
That’s where a Motion to Suppress Evidence comes in—a powerful legal tool that can weaken the prosecution’s case or even lead to a full dismissal. In this post, we’ll break down how it works, when it applies, and why it might be your best chance at beating an OWI charge in Indiana.
What Is a Motion to Suppress?
A Motion to Suppress is a formal request asking the court to exclude certain evidence from being used at trial—because it was obtained illegally or improperly.
The Fourth Amendment of the U.S. Constitution protects you from unreasonable searches and seizures. That means if police stopped you without a valid reason or didn’t follow proper procedures, the evidence they gathered might be inadmissible.
In Indiana, Rule 12(B) of the Indiana Rules of Criminal Procedure allows your attorney to challenge the legality of how evidence was obtained.
Importantly, the burden of proof is on the prosecution—they must prove that everything was done lawfully.
If they can’t? That breath test, dashcam video, or field sobriety result could be tossed out.
Common Reasons to Suppress Evidence in Indiana OWI Cases
1. Illegal Traffic Stop
If police didn’t have reasonable suspicion—like swerving, speeding, or a broken taillight—they had no legal basis to pull you over.
Pretextual stops (e.g., racial profiling or fishing expeditions) can be challenged, especially if dashcam or body cam footage tells a different story.
2. Unlawful Arrest
Arresting someone for OWI requires probable cause. Without it, any evidence gathered after the arrest may be suppressed.
If the officer lacked a warrant or arrested you based on vague observations (like “slurred speech” without more), that’s grounds for a challenge.
3. Faulty Field Sobriety Tests (FSTs)
Were the tests conducted on uneven pavement? In bad weather? Without proper instructions?
Medical conditions like vertigo or neuropathy can impact performance—and if the officer failed to account for that, the results may not be valid.
Lack of proper training on how to conduct the tests can also be a defense.
4. Problems with Chemical Tests (Breath, Blood, Urine)
Breathalyzers must be calibrated and maintained according to strict standards. Missed logs or expired certification? That’s a problem.
Blood draws require proper consent or a valid warrant. And the chain of custody—who handled the sample, and how—is key.
Indiana’s implied consent law doesn’t give officers unlimited power. If you refused a test and your license was suspended improperly, it can be challenged.
5. Miranda Rights Violations
If you were interrogated while in custody and not informed of your Miranda rights, anything you said may be inadmissible.
Statements made under coercion or pressure can also be thrown out.
How the Motion to Suppress Process Works in Indiana
Filing a motion isn’t just a formality—it’s a strategic legal move that requires timing, preparation, and courtroom skill.
Your attorney files the motion before trial, identifying the specific evidence and legal grounds for suppression.
The court schedules a hearing, where both sides present arguments and evidence.
Your attorney cross-examines the officer and may introduce expert testimony or video footage.
The judge rules—either allowing the evidence or suppressing it.
A strong suppression hearing can turn a seemingly “open and shut” case into a winning defense.
Why Suppressing Evidence Matters
If key evidence is suppressed, the prosecution may drop or reduce the charges.
In many OWI cases, breath test results are the backbone of the case—without them, there may not be enough to proceed.
Suppression enforces your constitutional rights—it ensures police follow the rules, and prevents wrongful convictions.
Real-World Scenarios
A client was arrested after being stopped for “drifting within their lane”—not illegal. We filed a motion to suppress everything obtained after the stop. Case dismissed.
Another client’s breathalyzer was administered on a device overdue for calibration. No valid test? No case.
Every detail matters. And every misstep by law enforcement is a possible defense.
Don’t Try This Alone—Get an Indiana OWI Defense Attorney
OWI law is complex—and challenging evidence takes legal skill and courtroom experience. A defense attorney can:
Identify every flaw in the state’s case.
File suppression motions that hit hard.
Negotiate for reduced charges—or win a dismissal.
At Vining Legal, we know the courts, the science, and the strategy. You don’t have to face this alone.
Conclusion: Your Defense Starts With Your Rights
A Motion to Suppress is one of the most powerful weapons in the fight against an OWI charge. If the police got it wrong—even slightly—you have options. Don’t assume the evidence is bulletproof. And don’t let a bad traffic stop wreck your future.
Charged with OWI in Indiana? Let’s talk. Call (317) 759-3225 or schedule a consultation online. At Vining Legal, we’ll fight to protect your record, your license, and your future.
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