Driving under the influence of alcohol is a serious criminal offense in Indiana. Convicted drivers could face jail as well as heavy fines, license suspension, and other consequences.
You may have questions, such as:
Read on as Mark Worthley, a DUI and OWI Lawyer in Valparaiso, IN, summarizes all you need to know about Indiana DUI laws, also known as OWI laws.
The official term for drunk or drugged driving in Indiana is OWI (“operating while intoxicated”), but many people are more familiar with the more nationally known abbreviations DUI (“driving under the influence”) or DWI (“driving while intoxicated”). These terms all refer to the same offense: operating a vehicle under the influence of alcohol or drugs, which Indiana law called OWI.
Indiana OWI laws prohibit operating a vehicle:
The last point means that a driver in Indiana may still face an OWI conviction even if their blood alcohol concentration was within the legal limit. The prosecution may prove impairment if the driver showed characteristic alcohol-induced behavior, like slurred speech or erratic driving, at the time of the arrest.
Drivers convicted of OWI in Indiana may face a range of penalties, depending on whether their offense is a misdemeanor or a felony and whether they had any prior convictions. Aggravating factors, like BAC over .15% or reckless driving behavior that caused serious bodily injury to others, can also influence the driver’s sentence.
Typically, a misdemeanor OWI conviction in Indiana leads to the following penalties:
A felony OWI conviction may lead to much longer incarceration and heavier penalties. For example, a driver whose OWI offense counts as a Level 4 Felony could face up to 12 years in prison and a fine of up to $10,000.
Indiana drivers with prior DUI or OWI convictions may fall under the Habitual Vehicular Substance Offender Statute (HVSO), a sentencing enhancement that allows the court system to issue a much harsher sentence than a first- or second-time offender would receive.
HVSO may become an additional charge for:
For example, HVSO would apply to a 52-year-old driver who had prior OWI convictions at 18, 23, and 30 years of age, even though the latest prior conviction occurred over 20 years ago.
HVSO may add between 1 and 8 years of incarceration to the driver’s penalties. This means that a driver whose newest conviction counts as a Class C Misdemeanor might still face years in prison if HVSO compounds their sentence.
Apart from direct legal penalties, an OWI conviction can also impact your life in other ways. An OWI record may:
Your actions during and following your OWI arrest can influence the outcome of your OWI case.
If a police officer arrests you for suspected OWI, you should:
After pulling you over, a police officer may ask you to submit to a Standardized Field Sobriety Test (FST), which may include walking along a straight line or following a penlight with your eyes. Field sobriety tests are not conclusive, and you can refuse to do them with no legal consequences.
However, even if you refuse an FST, a rule known as “implied consent” compels you to submit to a chemical test (usually a Breathalyzer) following your arrest. Refusing a chemical test worsens your legal position and may lead to a much longer license suspension.
The specific legal strategy your OWI attorney will recommend hinges on the circumstances of your case. Based on the situation, your OWI lawyer may:
Working with the right criminal defense lawyer can determine the outcome of your OWI case in Indiana. While an OWI arrest requires swift legal action to protect your rights, you should still take the time to screen Indiana’s OWI law firms and choose a lawyer based on:
As a former deputy prosecutor, OWI attorney Mark Worthley knows how driving-while-intoxicated cases work in Indiana and how to choose the optimal legal strategy for each case. Mr. Worthley has a stellar track record of protecting the future, liberty, and reputation of Indiana drivers.
Here, we address some common questions Indiana drivers ask when they face OWI charges.
This depends on whether Indiana classifies your OWI offense as a misdemeanor or a felony. Drivers with a misdemeanor OWI conviction can petition for expungement after five years, whereas felony OWI convictions require a longer waiting period—at least 8 years for a Level 6 Felony or at least 10 years for higher-level felonies. For some convictions, expungement depends on the court’s discretion.
Working with an experienced OWI attorney can improve your chances of getting your record expunged.
A skilled OWI defense lawyer can help you apply for SDP (Specialized Driving Privileges) if a court suspends your driving license. An Indiana court may allow you to drive within a limited distance to school or work and back, provided you follow specific requirements like using an interlock device.
Drivers who violated their Specialized Driving Privileges in the past may be ineligible for SDP after their current conviction.
Yes. If a legal prescription drug impairs your concentration, vision, reaction time, or other faculties that impact driving, operating a vehicle under the influence of this drug may count as an OWI offense. To stay safe, ask your physician about the effects of your prescription drugs on driving.
While legally under Indiana DUI laws, you are under no mandate to report a DUI or OWI arrest or conviction to your car insurance provider, concealing information from your insurer is never a good idea. Providing inaccurate information about your driving history could lead to a claim denial or even a policy termination.
A DUI or OWI record almost certainly means higher car insurance premiums, but you can often re-negotiate your policy terms three years after your conviction.
If an Indiana police officer arrests you for suspected OWI, or if you’re facing DUI charges elsewhere, contact our Valparaiso-based DUI/OWI criminal defense lawyer immediately. Prompt legal action can help protect your rights, avoid a conviction, and reduce penalties.
An OWI conviction in Indiana can land you in jail, cost you a lot of money, and stain your record for a long time. The right OWI defense lawyer can help you achieve case dismissal or reduced charges.
Mark Worthley, an experienced OWI lawyer and former deputy prosecutor, knows exactly how Indiana DUI laws work and how to apply the best defense strategies to your case. The Worthley Law team is here to protect your rights when you’re facing OWI charges.
Contact our team through our online form for a case evaluation by our experienced OWI lawyer in Valparaiso, IN.