OWI Defense in Indiana

What You Are Actually Charged With

 

Indiana calls it operating while intoxicated, and the charge comes in tiers. Operating while intoxicated does not require a BAC of .08. Separate alcohol-concentration offenses begin at .08, with a higher tier at .15. Operating with an alcohol concentration of at least .08 but less than .15 is a Class C misdemeanor. An alcohol concentration of .15 or more, or operating while intoxicated in a manner that endangers a person, can support a Class A misdemeanor. A Class A misdemeanor carries up to a year in jail.

 

It becomes a Level 6 felony with a prior OWI conviction within the past seven years, or in certain circumstances involving a passenger under eighteen. Other facts can change the offense level. A felony changes everything about the case — the exposure, the collateral consequences, and the leverage on both sides.

 

Drivers under twenty-one also face a separate .02 alcohol-concentration rule. Certain Schedule I or II substances or metabolites in the blood can support a charge, subject to statutory defenses.

 

 

 

Your License Is a Separate Case

 

Indiana's implied consent law means that by driving, you have agreed to a chemical test when an officer has probable cause to ask for one. A refusal can trigger a one-year suspension, or two years with a prior OWI conviction. The criminal disposition and applicable court orders can affect the suspension. A refusal is not a free pass. It is a trade with real costs, and whether it was the right call depends on facts you should go over with a lawyer, not with a friend who had an OWI once.

 

Failing the test triggers an administrative suspension through the BMV that begins well before the criminal case is resolved. For most clients this is the consequence they feel first and worst, because it arrives in days and it affects whether they can get to work.

 

Specialized driving privileges depend on eligibility and court-imposed conditions; an ignition interlock may be required. Refusal cases have a separate statutory route for possible driving relief. I review the available options in the OWI cases I handle. I address the license consequences that arise within an OWI case I am handling. I do not accept standalone BMV reinstatement matters.

 

 

 

Where OWI Cases Are Won

 

I examine the stop, testing procedures, recordings, and available records for legal and factual weaknesses. Some problems may support suppression; others affect reliability or the weight of the evidence. Excluding evidence can substantially change a case, but dismissal is not automatic.

 

The arrest report alone may not reveal those issues. They may become visible from the body camera, the dash camera, the instrument records, and the officer's training file — which is why the first thing I do in an OWI case is request all of it.

 

 

 

Before You Speak With Anyone Else

 

Do not call the prosecutor's office to explain. Do not post about it. Do not assume that because it is a first offense it will take care of itself. A conviction can have lasting consequences for your record, employment, licensing, and other rights. Some convictions may later qualify for expungement. A prior OWI can also increase penalties for a later offense, depending on the governing statute and timing.

 

In the first conversation I will tell you what you are charged with, what the license timeline looks like, and what the realistic range of outcomes is. That conversation is free, and it is the most useful thing you can do this week.

 

A note on the numbers: the BAC thresholds, suspension lengths, and offense levels on this page are a summary. The specifics of your case — prior history, what was in your system, who was in the car — change the analysis, and a summary is no substitute for having someone look at your file.

 

 

 

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At a glance

 

Alcohol thresholds

 

.08 BAC · separate .02 rule under age 21

 

Enhanced charge

 

.15 BAC or endangerment

 

Felony

 

Prior OWI within 7 years; other facts can change the level

 

Refusal suspension

 

1 year · 2 years with a prior; disposition and court orders matter

 

Related

 

Expungement
Felonies and Misdemeanors
All Criminal Defense