Indiana Drunk Driving Attorney
Operating While Intoxicated, commonly called OWI or drunk driving, is one of the most serious misdemeanor charges many people ever face. An OWI arrest in Indiana can result in jail time, license suspension, probation, expensive fines, higher insurance rates, ignition interlock requirements, and long-term consequences for employment and professional licensing. For people who drive for work, hold a CDL, work in a licensed profession, or have prior alcohol-related history, the consequences can be even more severe.
I defend people charged with drunk driving offenses throughout Indiana, including misdemeanor OWI, felony OWI, operating while intoxicated endangering a person, operating with a blood alcohol concentration of .08 or more, operating with a blood alcohol concentration of .15 or more, OWI with prior convictions, OWI causing serious bodily injury, OWI causing death, and refusal allegations under Indiana’s implied consent law. If you have questions about Indiana’s drunk driving laws, call me at 317-695-7700 or email me for a free consultation..
Drunk driving cases are often much more technical than people realize. These cases frequently involve traffic stops, field sobriety tests, breath tests, blood draws, implied consent warnings, police reports, body camera footage, dash camera footage, laboratory procedures, and constitutional search-and-seizure issues. I carefully analyze whether law enforcement complied with Indiana law, constitutional requirements, and proper testing procedures. In many OWI cases, the difference between a conviction and a much better outcome comes down to the details.
I have secured not guilty verdicts in OWI trials, and I have won more than 75% of the OWI trials I have handled. No attorney can guarantee a result in any case, but my approach is to evaluate every possible defense, challenge weak evidence, file suppression motions when appropriate, and force the State to prove every element of the charge beyond a reasonable doubt.
What Indiana Law Considers Operating While Intoxicated
Indiana generally uses the term Operating While Intoxicated rather than DUI. A person can be charged with OWI if the State alleges that the person operated a vehicle while intoxicated by alcohol, a controlled substance, another drug, or a combination of substances. Indiana law also allows prosecution based on a prohibited alcohol concentration, even when the State focuses more on the test result than on visible signs of impairment.
Many people assume that an OWI case is only about whether someone was “drunk.” That is not always true. Some cases involve alcohol. Some involve prescription medication. Some involve marijuana or other controlled substances. Some involve a combination of substances. Some cases involve a person who is alleged to be impaired even though the chemical test result is below .08. Other cases involve a test result above the legal limit even though the person did not appear obviously impaired on video.
Because Indiana OWI law covers several different theories, it is important to identify exactly what the State is claiming. The defense may be very different depending on whether the case is based on officer observations, a breath test, a blood test, alleged unsafe driving, a refusal, or a combination of those issues.
How OWI Investigations Usually Begin
Most OWI cases begin with a traffic stop. The officer may claim that the driver was speeding, weaving, crossing lane lines, failing to signal, driving without headlights, making an improper turn, or committing another traffic violation. In other cases, police respond to an accident, a disabled vehicle, a welfare check, or a report from another driver.
The first question I look at is whether the officer had a lawful basis to stop or detain the person. If the stop was unlawful, the evidence obtained afterward may be subject to suppression. That can include the officer’s observations, field sobriety tests, admissions, breath test results, blood test results, and other evidence gathered after the illegal stop.
Body camera and dash camera footage can be extremely important. Sometimes the video supports the officer’s report. Other times, the video shows that the driving was not as bad as described, that the person spoke clearly, that the person walked normally, or that the field sobriety tests were not administered fairly. I review the evidence carefully because OWI cases often turn on small factual details.
Field Sobriety Tests in Indiana OWI Cases
After a traffic stop, an officer may ask the driver to perform standardized field sobriety tests. The most common tests are the Horizontal Gaze Nystagmus test, the Walk-and-Turn test, and the One-Leg Stand test. Officers use these tests to look for clues of impairment and to build probable cause for an arrest.
Field sobriety tests are not perfect. They can be affected by medical conditions, age, weight, fatigue, anxiety, injuries, footwear, poor lighting, bad weather, uneven pavement, passing traffic, and confusing instructions. A person may perform poorly for reasons that have nothing to do with intoxication.
I look closely at whether the officer gave the correct instructions, demonstrated the tests properly, selected an appropriate location, accounted for medical or physical limitations, and accurately described the person’s performance. If the tests were administered incorrectly or interpreted unfairly, that can become an important part of the defense.
Preliminary Breath Tests and Certified Breath Tests
There is an important difference between a roadside preliminary breath test and a certified breath test. A preliminary breath test is usually performed on a handheld device during the roadside investigation. A certified breath test is typically performed later on an approved machine after an arrest.
Certified breath testing is technical. The machine must be approved, maintained, and checked according to required procedures. The operator must be certified. The testing process must be performed properly. If the officer or agency fails to follow the rules, the breath test result may be vulnerable to challenge.
Breath tests can also raise factual issues. Mouth alcohol, timing, observation periods, machine error, medical conditions, and testing procedures may all matter depending on the case. A number on a breath test machine does not automatically end the defense.
Blood Draws and Drug-Based OWI Allegations
Some OWI cases involve blood testing instead of breath testing. Blood tests are common when the officer suspects drug impairment, when there has been an accident, when a breath test is not available, or when the State wants evidence of substances other than alcohol.
Blood evidence must be handled carefully. Important issues may include who drew the blood, whether the draw was legally authorized, whether proper procedures were followed, whether the sample was properly labeled and preserved, whether the chain of custody is complete, and whether the laboratory testing is reliable.
Drug-based OWI cases can be especially complicated because the presence of a substance does not always answer the question of impairment. Depending on the substance, the amount, the timing, and the facts of the stop, there may be serious questions about whether the State can prove that the person was actually impaired at the time of operation.
Indiana Implied Consent and Refusal Allegations
Indiana’s implied consent law can create serious consequences when a person is accused of refusing a chemical test. A refusal allegation can lead to license suspension issues separate from the criminal OWI charge itself. This is one reason it is important to address both the criminal case and the license consequences as early as possible.
Refusal cases can involve several legal and factual questions. Did the officer have probable cause? Was the person properly advised? Was there actually a refusal? Did the person clearly refuse, or was there confusion, delay, injury, language difficulty, or misunderstanding? Did law enforcement follow the correct procedure after the alleged refusal?
A refusal allegation should not simply be accepted without review. I examine the video, the implied consent advisement, the officer’s report, and the timeline to determine whether the refusal can be challenged.
License Suspensions and Specialized Driving Privileges
For many people charged with OWI, the most urgent concern is not jail. It is losing the ability to drive. A license suspension can interfere with work, school, medical appointments, parenting responsibilities, and everyday life. This is especially serious for people who live in areas where public transportation is limited.
Depending on the circumstances, specialized driving privileges may allow a person to continue driving for necessary purposes while the case is pending or while a suspension is in effect. The availability and terms of specialized driving privileges depend on the specific facts, the type of suspension, the person’s record, and the court involved.
I treat license issues as an important part of OWI defense. Protecting a client’s ability to drive can be just as important as fighting the criminal charge itself.
Misdemeanor OWI Charges in Indiana
Many first-time OWI cases are filed as misdemeanors, but that does not mean they are minor. A misdemeanor OWI conviction can still lead to jail time, probation, alcohol treatment, license suspension, ignition interlock requirements, fines, court costs, and a permanent criminal record unless later expunged.
The State may file different misdemeanor OWI counts depending on the facts. A person may be charged with operating while intoxicated, operating while intoxicated endangering a person, operating with a blood alcohol concentration of .08 or more, or operating with a blood alcohol concentration of .15 or more. Sometimes multiple counts are filed from the same arrest.
A strong defense begins by identifying exactly what the State must prove for each count and whether the evidence actually supports those allegations.
Felony OWI Charges in Indiana
OWI can become a felony in Indiana when certain aggravating factors are present. Prior OWI convictions, serious bodily injury, death, and other circumstances can dramatically increase the seriousness of the case. Felony OWI cases can carry prison exposure and more severe long-term consequences.
When the State relies on a prior conviction to enhance the charge, I examine whether the prior conviction actually qualifies and whether the State can properly prove it. In injury cases, I examine causation, accident evidence, medical records, witness statements, toxicology evidence, and whether the alleged impairment actually caused the injury.
Felony OWI cases require immediate attention because the stakes are high and the evidence may need to be preserved quickly.
Suppression Motions in OWI Cases
Suppression motions are often one of the most important tools in OWI defense. A motion to suppress asks the court to exclude evidence because it was obtained in violation of the Constitution, Indiana law, or required procedures. If critical evidence is suppressed, the State’s case may become much weaker.
Common suppression issues in OWI cases include unlawful traffic stops, unlawful prolonging of the stop, lack of reasonable suspicion, lack of probable cause, improper field sobriety testing, improper chemical testing, Miranda issues, unlawful blood draws, and problems with implied consent procedures.
I approach OWI cases with suppression issues in mind from the beginning. If there is a valid basis to challenge the stop, arrest, test, or investigation, that issue can become central to the defense.
OWI Cases Involving Accidents, Injury, or Death
OWI cases involving accidents are more complicated than standard traffic-stop cases. Police may arrive after the driving has already ended, witnesses may disagree about what happened, and the State may have to prove not only impairment but also operation, timing, and causation.
When an OWI case involves serious bodily injury or death, the penalties can be extremely severe. These cases require a careful review of accident reconstruction evidence, medical records, toxicology reports, witness statements, vehicle data, weather conditions, road conditions, and whether the alleged impairment actually caused the injury or death.
The emotional seriousness of an accident case does not relieve the State of its burden of proof. The prosecution must still prove the required elements beyond a reasonable doubt.
Commercial Drivers and OWI Charges
For commercial drivers, an OWI case can threaten a career. CDL holders may face consequences that go beyond ordinary license suspension, including disqualification from commercial driving. Even an OWI allegation involving a personal vehicle can create serious problems for someone who depends on a CDL for employment.
Because of those consequences, CDL cases require careful attention to both the criminal case and the administrative driving consequences. The goal is not only to address the charge in court but also to protect the client’s ability to work whenever possible.
Professional Licenses, Employment, and Background Checks
An OWI conviction can affect more than driving privileges. It can appear on background checks, create problems with employers, affect security clearances, and raise concerns for people who hold professional licenses. Nurses, teachers, lawyers, pilots, commercial drivers, government employees, and other licensed professionals may face reporting obligations or disciplinary issues depending on their situation.
That is why I focus not only on the immediate criminal penalties but also on the long-term consequences. In many cases, protecting a client’s record, job, license, or future opportunities is just as important as avoiding jail.
What to Do After an OWI Arrest in Indiana
After an OWI arrest, it is important to act quickly. Do not assume that the case will simply work itself out. Court dates, license issues, evidence preservation, and deadlines can all matter. Video evidence should be requested. Witness information should be preserved. Any paperwork from the jail, court, or Bureau of Motor Vehicles should be reviewed carefully.
You should not discuss the facts of the case with police, prosecutors, insurance representatives, employers, or other people without first speaking with an attorney. Statements made early in the case can sometimes create problems later.
The sooner I can review the facts, the sooner I can begin evaluating defenses, addressing license issues, requesting evidence, and determining whether suppression motions or other challenges may apply.
Frequently Asked Questions About Indiana OWI Charges
Is OWI the same thing as DUI in Indiana?
People often use the terms DUI and OWI interchangeably, but Indiana commonly uses the term Operating While Intoxicated. In practical terms, when people search for a DUI lawyer in Indiana, they are usually looking for an attorney who handles OWI cases.
Can I be convicted of OWI if my blood alcohol concentration was under .08?
Yes. The State may try to prove impairment through driving behavior, officer observations, field sobriety tests, admissions, or other evidence even if the test result is below .08. Those cases are often highly fact-specific and may be defensible depending on the evidence.
Can I be charged with OWI if I was parked?
Possibly. Indiana OWI law focuses on operation, and parked-vehicle cases can raise difficult factual and legal questions. Important facts may include where the vehicle was located, whether the engine was running, where the keys were, whether the person had driven recently, and whether the State can prove operation beyond a reasonable doubt.
Do I have to perform field sobriety tests?
Field sobriety tests are different from certified chemical tests. Many people do not realize that roadside field sobriety tests can create evidence that may later be used against them. Whether a person was required to do something in a specific case depends on the facts, but field sobriety testing should always be reviewed carefully.
What happens if I refused a breath or blood test?
A refusal can create license suspension consequences under Indiana’s implied consent law. However, refusal allegations can sometimes be challenged. The key issues may include whether the officer had probable cause, whether the advisement was properly given, and whether the facts actually show a refusal.
Can an OWI case be dismissed?
Yes, some OWI cases can be dismissed when the State lacks evidence, when a suppression motion is successful, when chemical testing is excluded, when witnesses are unavailable, or when the prosecution cannot prove the required elements. Whether dismissal is realistic depends on the facts of the case.
What is a suppression motion in an OWI case?
A suppression motion asks the judge to exclude evidence because police violated the law. In OWI cases, suppression issues often involve traffic stops, detentions, arrests, field sobriety tests, breath tests, blood draws, or statements. A successful suppression motion can significantly weaken the State’s case.
Will I lose my license after an OWI arrest?
You may face license consequences after an OWI arrest, especially if there is a failed chemical test or refusal allegation. The length and type of suspension depends on the facts, the charge, the test result, prior history, and the court’s orders. Specialized driving privileges may be available in many cases.
Can I get specialized driving privileges after an OWI arrest?
In many cases, specialized driving privileges may be available, but eligibility depends on the type of suspension and the person’s record. These privileges can be extremely important for people who need to drive for work, school, medical care, or family responsibilities.
Can an OWI become a felony in Indiana?
Yes. OWI can become a felony if the person has qualifying prior convictions or if the case involves serious bodily injury, death, or other aggravating circumstances. Felony OWI cases carry much greater risk and should be addressed immediately.
What if I was charged with OWI after an accident?
Accident cases require careful review. The State may need to prove operation, impairment, timing, and causation. Witness statements, crash evidence, medical records, video, toxicology, and accident reconstruction issues may all become important.
Will an OWI affect my job?
It can. An OWI may affect employment if your job requires driving, a clean criminal record, a professional license, a CDL, or security clearance. Because collateral consequences can be serious, they should be considered when deciding how to handle the case.
How soon should I contact an attorney after an OWI arrest?
You should contact an attorney as soon as possible. Early action can help preserve video, protect license rights, identify witnesses, evaluate suppression issues, and avoid mistakes that could harm the defense.
Contact Jeff Cardella for a Free Consultation
If you have been arrested or charged with OWI in Indiana, call me at 317-695-7700 or email me for a free consultation. I will review the facts, explain the process, discuss possible defenses, and help you understand what can be done to protect your license, your record, and your future.
Phone: 317-695-7700 Email: jeffcardella@cardellalawoffice.com Address: 350 Massachusetts Ave #357, Indianapolis, IN 46204 I handle criminal defense cases throughout the entire State of Indiana, with a focus on the following locations:Contact Jeff Cardella for a Free Consultation
If you have additional questions, call me for a free consultation to discuss your case.
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