Fighting To Protect Your Future After A DUI/OWI Arrest

Last updated on April 24, 2026

DUI, or driving under the influence, is a serious offense with potentially life-altering consequences. In Indiana law, the terminology OWI, or operating while intoxicated, is used interchangeably with DUI and can refer to any drugged or drunk driving crime. At Harwell Criminal Defense, we believe that understanding the nature of DUI is the first step toward avoiding it and making informed decisions if you ever face such charges.

In Indiana, it is considered an OWI crime to operate a vehicle with a blood alcohol content (BAC) of .08% or higher. Impairment can result from various substances, not just alcohol. This includes illicit drugs, prescription medications and even over-the-counter remedies that can impair your ability to drive safely.

Benefits Of Hiring Our DUI Lawyers In Indianapolis

When you face drunk or drugged driving charges, hiring an experienced Indiana criminal defense lawyer can help ensure that the legal process is handled correctly and efficiently.

• Legal guidance: A DUI attorney will be able to provide you with advice and guidance throughout your court case. They understand all the nuances of DUI and OWI law in Indiana and what your options are when facing charges.
• Strategic defense: You don’t want a criminal record, and the possibility of losing your license can greatly impact your life and how you can support your family. A trusted OWI defense attorney can help you build a strong defense strategy.
• Negotiation in court: An attorney can help negotiate plea deals or mitigate sentencing if necessary.

With their knowledge, experience and negotiation skills, a DUI attorney may even be able to reduce your charges or penalties or even drop them entirely. An attorney’s legal representation in court can give you peace of mind during this stressful situation. Knowing that you have someone on your side who understands the law and is advocating for you can make all the difference in getting through the process unscathed.

The Indiana OWI Arrest Process: A Step-By-Step Guide

An OWI arrest is stressful. The police commands and fear of incarceration make it difficult to think clearly. We have outlined the arrest timeline below to help you understand the process from the initial stop to booking.

1. The traffic stop and initial observation: Police start the process when they observe your vehicle. They need “reasonable suspicion” of a traffic violation (speeding, a broken taillight) or impairment (weaving) to stop you legally. Once stopped, the officer looks for signs of intoxication, such as bloodshot eyes, slurred speech, or the odor of alcohol.Your rights: You must produce your license and registration, but you may remain silent. You do not have to answer questions like “Have you been drinking?” Politely declining protects you against self-incrimination.
2. The investigation and field sobriety tests (FSTs): If the officer suspects impairment, they will ask you to step out. They usually request standardized field sobriety tests (SFSTs), such as the Walk-and-Turn or the One-Leg Stand.Your rights: In Indiana, roadside physical tests are voluntary during a standard traffic stop. You may refuse them. Refusal carries no license suspension penalty, though the officer may still arrest you based on other observations.
3. The portable breath test (PBT): The officer may ask you to blow into a handheld device at the roadside. This preliminary tool helps them establish probable cause for an arrest.Your rights: Like physical tests, the roadside PBT is generally voluntary. Courts often exclude these specific results as primary evidence of your BAC.
4. The arrest and implied consent warning: Officers arrest you if they find probable cause. They then read the Indiana Implied Consent advisement, which informs you that driving on Indiana roads implies consent to a chemical test.Your rights: You can refuse this test, but refusal triggers penalties. A refusal results in a one-year license suspension for a first offense, or two years for a prior conviction. Police may also seek a warrant to draw your blood forcibly.
5. Booking and chemical testing: Police transport you to the station or a hospital. Staff will administer a certified chemical test (breathalyzer or blood draw) to determine your official BAC. Afterward, officers “book” you by recording your personal information, fingerprints and mugshot.Your rights: You have the right to an attorney. You should request legal counsel immediately upon booking before answering further questions.
6. Release or bail hearing: After booking, jail staff hold you in a cell. Indiana law mandates a minimum detention period based on your BAC. Once this time elapses, the county may release you on your own recognizance or require bail. If you cannot post bail, you will see a judge for an initial hearing, usually within 24 to 48 hours.

Strategic Defenses For Your Indianapolis OWI

Many people assume that a failed breathalyzer test or a failed field sobriety test results in an automatic conviction. This is false. An arrest is simply an allegation; the state must still prove every element of the crime beyond a reasonable doubt. At Harwell Criminal Defense, we employ a variety of strategic defenses tailored to the specific facts of your stop and arrest.

Challenging The Traffic Stop

We analyze dashcam footage and police reports to determine if the stop was justified. If the police lacked a valid legal reason to pull you over, the court may suppress evidence gathered after the stop. We aim to prove the officer lacked reasonable suspicion, which can lead to case dismissal.

Questioning Field Sobriety Test Results

Field sobriety tests (FSTs) rely on officer interpretation and subjective scoring. We challenge these results by examining:

• Non-standardized administration: Results are invalid if the officer gave improper instructions or failed to demonstrate the test according to NHTSA standards.
• Physical and environmental factors: Nervousness, fatigue, poor lighting, uneven pavement, weather or footwear can skew results.
• Medical conditions: Vertigo, inner ear infections, injuries or weight issues can prevent a sober person from performing balance-based tests.

Highlighting these discrepancies allows us to undermine the probable cause used to justify your arrest.

Contesting Chemical Test Accuracy

Chemical tests require strict adherence to protocol. Machines malfunction, and operators make errors. We scrutinize the evidence for issues such as:

• Improper calibration: Results are unreliable if the machine used in your case lacked current certification or calibration.
• The 15-minute observation period: Officers must observe you before the test to ensure you do not burp or vomit, which contaminates the sample.
• Interfering substances: Conditions like acid reflux, diabetes or dental work can create breath compounds that machines mistake for alcohol.

Identifying these technical errors helps us argue for the exclusion of the state’s most critical evidence.

Arguing Rising BAC

Alcohol absorbs into the bloodstream over time. You might be sober while driving, but your BAC rises above the limit by the time staff tests you at the station. We use expert testimony and toxicology reports to show that your BAC was under the legal limit while you operated the vehicle.

DUI In Indiana First-Offense Penalties

For a first offense OWI in Indiana, you could be facing either a misdemeanor or felony charge. The charges are as follows:

• Class C misdemeanor: Conditions including intoxication by alcohol or drugs, having a BAC between .08% and .15%, or intoxication by a Schedule I or II substance are punishable by up to 60 days in jail and a $500 fine.
• Class A misdemeanor: Having a BAC of .15% or more and endangering another person by their driving is punishable by up to one year in jail and $5,000 fine.
• Level 6 felony: When charged with DUI and at least 21 years old, having a BAC of .15% or more, endangering another person by their driving, or having a passenger under 18 present is punishable by up to 2.5 years in jail and a $10,000 fine.

If you have been arrested under suspicion of DUI, you may be feeling overwhelmed and scared. You are not alone. Indiana prosecutors are particularly aggressive when pursuing DUI charges. However, you do have options. Our skilled DUI lawyers in Indianapolis can help you understand the charges brought against you and can provide you with the guidance you need.

When Does A DUI Become A Felony In Indiana?

While many first-time offenses are misdemeanors, Indiana law treats repeat offenses and aggravated circumstances as felonies. Several factors elevate a standard OWI charge:

• Prior convictions: A prior OWI conviction within the past seven years can elevate your new charge to a Level 6 felony, carrying mandatory jail time.
• Minors in the vehicle: Driving while intoxicated with a passenger under 18 can result in a Level 6 felony.
• Serious bodily injury: An OWI that causes serious bodily injury to another person becomes a Level 5 felony.
• Death or catastrophic injury: An OWI causing death is typically a Level 5 felony, but prior convictions or license suspensions can elevate this to a Level 4 or Level 3 felony.

Understanding these statutory enhancements allows us to determine the immediate urgency and scope of your defense strategy.

Sobriety Tests And Chemical Tests

Law enforcement officers use various methods to determine if a driver is impaired. These include field sobriety tests, such as walking in a straight line and standing on one leg, and breathalyzer tests or blood tests to measure BAC. In Indiana, a new system implemented in 2020 allows for enhanced testing with SoToxa devices as part of the oral roadside fluid program. This tests for six kinds of drugs, similar to the way a breathalyzer would detect the presence of drugs in your system. Knowing your rights regarding these tests and how they may impact your case is essential.

Reducing The Impact Of A DUI Charge

An OWI conviction in Indiana can have long-lasting consequences, affecting your driving record and insurance rates. It may lead to increased premiums and restricted driving privileges. Understanding these potential consequences is crucial for making informed decisions.

You may be charged with an OWI if:

• You have a BAC over the legal limit of .08%
• You have illegal drugs in your system
• You are a minor or under the age of 21 and are found to be in possession of or using alcohol

OWI charges can be complicated, and the circumstances of your case will determine how you are charged. If convicted, you may face:

• Increased insurance premiums
• Restricted driving privileges
• Suspension of your driver’s license
• Misdemeanor or felony charges, depending on prior convictions or compounding factors

To help avoid these serious consequences, our experienced attorneys will take the time to build a strong case and advocate on your behalf. We can help fight a variety of drunk driving charges, including:

• Underage drinking
• DUI with a minor in the vehicle
• Injuries resulting from a DUI incident
• Alcohol-related DUIs
• First offense DUI arrest
• Second or subsequent DUI arrest
• Drug-related DUIs

We understand the impact an OWI conviction can have on your life, and we are dedicated to helping you minimize these consequences. Our attorneys will work tirelessly to build a strong defense and advocate on your behalf to ensure the best possible outcome.

Indiana OWI Questions And Answers

Operating while intoxicated charges in Indiana involve criminal and administrative consequences alike, making the process feel overwhelming. The questions and answers below address common concerns to help you understand what to expect.

Is a DUI a felony in Indiana?

A DUI is a felony in Indiana when certain aggravating circumstances are present. A first offense is typically a misdemeanor, but the charge can be elevated if:

• The driver has a prior OWI conviction within seven years.
• A minor under age 18 was in the vehicle.
• The DUI incident caused serious bodily injury or death.

Felony OWI convictions carry much harsher consequences, including longer jail sentences, higher fines and extended license repercussions. A felony conviction can also impact employment and other opportunities. Our lawyers can evaluate the evidence, challenge aggravating factors and work to reduce the penalties that accompany a felony DUI conviction.

What is the court process for a DUI in Indiana?

The OWI court process begins with an initial hearing where the judge explains the charges and sets any conditions of release. The case then moves into pretrial conferences, during which evidence such as chemical test results, police reports, and video footage is reviewed and negotiated.

If not resolved, the case proceeds to motions and potentially a trial, where the state must prove impairment or unlawful alcohol concentration. You may also face administrative license actions through the Bureau of Motor Vehicles separately from the criminal court. Attorney guidance through each stage can influence the direction of your case.

Can I refuse a breathalyzer test in Indiana?

Indiana’s implied consent law requires drivers to submit to a certified chemical test when an officer has probable cause to believe they operated a vehicle while intoxicated. A refusal triggers an automatic license suspension that is significantly longer than the suspension imposed for failing a test. Refusal can also limit your eligibility for specialized driving privileges, although courts may grant them in some circumstances.

While drivers may decline a portable breath test at the roadside without the same consequences, refusing the official chemical test at the station or hospital carries serious administrative penalties that begin immediately. An attorney can help you navigate these penalties and secure your rights during both the criminal and administrative processes.

We Work Hard To Protect Client Rights

At Harwell Criminal Defense, our experienced legal team understands DUI defense strategies and provides aggressive yet compassionate legal representation. We can help you explore possible defenses, such as challenging the validity of sobriety or chemical tests, examining the circumstances of your arrest, or identifying any violations of your rights during the process. We treat every case with care and every client with respect, defending clients throughout Hendricks, Hamilton, Johnson and Hancock counties. Our Indianapolis DUI attorneys can help you with every aspect of your case from start to finish, including post-conviction services such as appeals. When you need a reliable DUI lawyer in Indiana, call us for a dedicated and thorough defense.

Harwell Criminal Defense is a modern practice for modern clients. Contact us online today or by calling 317-344-9085 to speak with our DUI attorneys in Indianapolis.