What to Do Immediately After an OWI Arrest in Indiana

Criminal Defense

Mar 28

An OWI arrest in Indiana can turn your life upside down—fast. One minute you're behind the wheel, the next you’re cuffed, booked, and facing criminal charges. It’s overwhelming, embarrassing, and scary. But what you do in the hours and days after your arrest can make a massive difference in how your case plays out.

If you’ve been arrested for Operating While Intoxicated (OWI) in Indiana, you’re not alone—and you’re not without options. Here's a clear step-by-step guide to help you take back control, protect your rights, and start building a strong defense.

During the Arrest

Stay Calm and Polite

You’re probably angry or scared. That’s natural—but don’t let it show. Keep your cool. Yelling or arguing with the police only makes things worse. Resisting arrest, even verbally, can add charges or damage your credibility later in court. Be respectful and compliant, even if you believe the arrest is unfair.

Know Your Rights

You have the right to remain silent and the right to an attorney. Use both. Don’t answer questions about where you were, how much you had to drink, or whether you feel impaired. You’re not required to provide information that could incriminate you.

Do provide your basic information—name, driver’s license, and registration—but decline politely when they ask for more.

Cooperate—But Don’t Confess

There’s a difference between cooperating and confessing. You should follow lawful instructions, like stepping out of the car or submitting to a search if required. But you don’t need to—and shouldn’t—offer explanations or admit to drinking. Let your attorney do the talking later.

After You’re Released

Secure Your Release

After your arrest, you may be released on bail or your own recognizance. Make sure you follow every condition of your release—whether that’s checking in with the court, avoiding alcohol, or staying within the state. Violating terms can land you back in jail.

Contact an Indiana OWI Attorney—Immediately

This is the most important step. Don’t wait. An experienced OWI lawyer will:

Guide you through the legal process
Help you challenge the license suspension
Analyze the traffic stop and arrest for errors
Build your defense strategy from day one

Waiting too long to call a lawyer could cost you your license—or worse.

Document Everything You Remember

As soon as you’re home, write down everything you can recall:

Where and when you were pulled over
What the officer said and did
Whether field sobriety or breath tests were given
Who else was present
How you were treated during booking

These details fade fast, and they can be critical to your defense.

Important Considerations

Understand Indiana’s Implied Consent Law

When you drive in Indiana, you automatically agree to submit to a breath, blood, or urine test if lawfully arrested for OWI. Refusing one of these tests can trigger an automatic license suspension—even if you’re not convicted.

Talk to your attorney about the timing and legality of the request. If the officer didn’t follow the rules, you may have grounds to fight the suspension.

Start Gathering Evidence

If possible, collect anything that might help your case:

Dash cam or security footage
Photos of the scene
Contact info for witnesses
Receipts showing where you were or how much you drank

Even small details can make a big impact in court.

Preserve Your Driving Privileges

If you refused or failed a chemical test, your license may already be suspended. Your attorney can help you fight the suspension and possibly fight for a specialized driving privilege or hardship license.

What NOT to Do

Don’t Talk About Your Case

What you say can and will be used against you. That applies to texts, emails, phone calls, and social media. Don’t post about your arrest or talk to friends about what happened. Save it for your lawyer.

Don’t Drive Without a License

If your license is suspended, don’t drive. Period. Getting caught can result in new criminal charges, longer suspensions, or even jail time. Your attorney may help you qualify for restricted driving privileges—don’t blow it.

Don’t Miss Court Dates

Missing court can lead to an arrest warrant, bond forfeiture, and a whole new set of problems. Mark every date on your calendar, and show up early, prepared, and dressed appropriately.

Long-Term Impacts of an OWI

Even a first-time OWI conviction can mean:

A permanent criminal record
Skyrocketing insurance premiums
License suspension
Court-mandated alcohol treatment
Damage to your job or reputation

The decisions you make right now determine whether this becomes a lifelong burden—or just a bump in the road.

Final Thoughts: You’ve Been Arrested—Now What?

If you’re facing an OWI charge in Indiana, don’t panic—but don’t waste time either. The choices you make in the hours and days after arrest will shape your future.

Step 1: Call an attorney. Step 2: Document everything. Step 3: Stay quiet, stay calm, and stay focused.

At Vining Legal, we help Hoosiers fight OWI charges with proven strategies and personal attention. Call (317) 759-3225 or schedule a consultation today. You’ve got options—and we’re ready to help.

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