DUI/OWI Laws in Indiana

Protect Your Rights and Your Future with Skilled Legal Representation

Operating While Intoxicated (OWI) charges are serious offenses in Indiana, carrying severe legal and personal consequences. A conviction can lead to heavy fines, license suspension, and even jail time, impacting your career, family, and reputation.

At Vining Legal, we know that every case is unique, and we are here to provide strategic and compassionate legal guidance tailored to your circumstances. Whether this is your first offense or you have prior convictions, our team will fight to protect your rights and minimize the impact on your life.

Take control of your case and your future—let us guide you through the complexities of Indiana OWI laws with confidence and care.

Indiana OWI Defense

Understanding the Charges and Consequences
In Indiana, "Operating While Intoxicated" (OWI), often referred to as DUI, is a serious offense with significant penalties. A person may be convicted of an OWI if they operate a vehicle with:

  • A Blood Alcohol Concentration (BAC) of 0.08% or higher.

  • A BAC of 0.15% or higher (elevating the charge to a Class A Misdemeanor).

  • The presence of a Schedule I or II controlled substance or its metabolites in their system.

The consequences for OWI can range from fines and license suspension to mandatory education programs, probation, and jail time. Additional penalties may apply if aggravating factors are involved, such as prior convictions, accidents causing injury, or driving with a high BAC. Collateral consequences like difficulty maintaining employment, especially for roles requiring a clean driving record, can also occur.

Our Approach to OWI Defense
At Vining Legal, we approach every OWI case with a comprehensive strategy tailored to your specific situation. Our structured process includes:

  1. Evaluation and Consultation
    We begin by discussing the details of your case during an in-depth consultation. This step allows us to identify key issues, assess evidence, and explore possible defenses.

  2. Investigation
    Our team conducts a meticulous investigation, reviewing police reports, video footage, witness statements, and the circumstances of your arrest. We ensure your rights were not violated during field sobriety or chemical tests.

  3. Defense Strategy Development
    Based on our findings, we craft a personalized defense strategy. Whether it involves challenging the evidence, contesting procedural errors, or negotiating for reduced charges, our goal is to protect your future.

  4. Negotiation and Advocacy
    We aim to resolve your case favorably through negotiation or alternative resolutions. If needed, we will vigorously represent you in court to fight for the best outcome.

  5. Ongoing Guidance and Support
    Throughout the process, our team keeps you informed, answers your questions, and provides clarity on the steps ahead. You can rely on us to support you at every turn.

Take Control of Your Future
An OWI conviction doesn’t have to define your life. With the right legal representation, you can protect your rights, minimize the impact on your future, and navigate this challenging time with confidence.

Everything You Need to Know About Fighting an Indiana OWI

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  • Field sobriety and breathalyzer tests are commonly used to establish probable cause for OWI arrests. However, these tests are not foolproof and may involve errors. An attorney will:

    • Investigate whether procedures were followed correctly during the tests.

    • Scrutinize equipment maintenance, calibration records, and operator training.

    • Identify procedural or technical flaws that can weaken the prosecution’s case.

  • Law enforcement must have a valid reason to conduct a traffic stop and establish probable cause for an OWI arrest. An attorney will:

    • Analyze the circumstances leading to the stop to determine if it was legally justified.

    • Challenge any violations of your Fourth Amendment rights, potentially leading to the suppression of evidence.

  • Evidence in an OWI case often includes police reports, witness testimony, chemical tests, and other documentation. A thorough legal review can:

    • Identify weaknesses in how evidence was collected, stored, or tested.

    • Challenge improper handling or contamination that could invalidate key evidence.

    • Strengthen your defense by targeting unreliable evidence.

  • OWI arrests often result in administrative license suspensions or ignition interlock device mandates. An attorney can:

    • Guide you through the reinstatement process for driving privileges.

    • Represent you during administrative hearings to challenge license suspension.

    • Help you comply with ignition interlock requirements, if applicable.

Common Issues in an Indiana OWI Case / How an Attorney can Help

Being charged with an OWI in Indiana presents challenges that require experienced legal representation. Key areas where an attorney can assist include:

OWI Court Process

The Indiana OWI court process involves multiple stages, each critical to achieving the best possible outcome. With skilled legal representation, you’ll navigate:

  • Initial Arrest and Arraignment: Where charges are formally presented.

  • Pre-Trial Proceedings: Opportunity to challenge evidence and negotiate potential resolutions.

  • Trial (if necessary): Developing a robust defense strategy to contest the prosecution’s case.

Your attorney’s goal is to protect your rights, challenge evidence effectively, and work toward reducing or dismissing charges

Case Study: First-Time OWI Charge Dismissed

The Situation: Our client had no prior criminal record and was charged with Operating While Intoxicated (OWI) after being pulled over by an officer for allegedly weaving between lanes.

Our Approach: After carefully reviewing the details of the traffic stop, we identified issues with the officer’s justification for pulling over our client. The stop appeared to lack the necessary reasonable suspicion required by law. We filed a motion to suppress evidence, arguing that the traffic stop was unconstitutional. This motion challenged the validity of the officer's actions, as weaving within a lane, without more, does not always rise to the level of reasonable suspicion for an OWI stop.

The Outcome
The court agreed with our motion to suppress, ruling that the stop was improper. Our client avoided:

  • A criminal conviction on their record.

  • Suspension of their driver’s license.

  • Financial penalties, including fines and increased insurance rates.

By challenging the legality of the traffic stop, we were able to protect our client’s rights and secure their future.

FAQs

  • Contact us at nathan@nathanvining.com to begin your case. We’ll provide all the necessary steps and forms to get started. You can also schedule a call using the link at the bottom of this page.

  • No, we serve clients throughout the State of Indiana. Our process remains consistent regardless of your location.

  • The timeline for an OWI case varies based on specific circumstances. On average, cases can take anywhere from 90 days to 12 months.

  • Penalties for an OWI depend on factors like blood alcohol concentration (BAC), prior convictions, and aggravating circumstances. Potential consequences include:

    • Fines

    • Probation

    • Mandatory alcohol education programs

    • Community service

    • License suspension

    • Imprisonment

    Additionally, an OWI can impact your driving record, insurance rates, and employment opportunities.

  • License suspension durations vary depending on prior offenses and the specifics of the case.

    • First-time offenses: Suspension may range from 60 to 180 days.

    • Repeat offenses: Longer suspension periods may apply.

    Consulting an experienced attorney can help minimize the suspension period and protect your driving privileges.

  • Yes, breathalyzer and field sobriety tests can be challenged. Errors may arise from:

    • Calibration or maintenance issues

    • Improper administration

    • Medical conditions affecting results

    An experienced OWI attorney can review the test circumstances, evaluate accuracy, and challenge the validity of the results in court.

  • Yes, an OWI conviction typically results in higher insurance premiums or potential policy cancellation. Consulting with your insurance provider and attorney can help mitigate these impacts and explore coverage options.

Call or Text for Your DUI Consultation

Facing a DUI charge can feel overwhelming, but you don’t have to face it alone. Our goal is to listen to your story, explain your options, and guide you toward the best possible outcome for your case.

During your consultation, we will:

  • Analyze the specifics of your DUI case, including field sobriety tests, breathalyzer results, and traffic stops.

  • Identify proactive steps you can take to strengthen your defense.

  • Outline what you can expect throughout the DUI court process and license reinstatement.

Take the first step to protect your future.
Call or text us now at (317) 279-5698 to speak directly with an attorney experienced in DUI defense. Prefer to book online? Use our simple scheduling tool to choose a time that works best for you.