Driving under the influence of alcohol or certain controlled substances in Indiana is officially called operating while intoxicated (OWI). When someone is charged with OWI, they face two distinct and simultaneous processes: a criminal prosecution in the court system and an administrative action initiated by the Indiana Bureau of Motor Vehicles. OWI can be charged as a misdemeanor or felony depending on a driver’s prior record and other aggravating factors. An OWI conviction can lead to steep insurance hikes, job loss, obstacles to professional licensing and harsher sentences for future offenses.
At a traffic stop, if police suspect intoxication, they may request that the driver take field sobriety tests. In some cases, the driver may be asked to take a portable breathalyzer test to determine blood alcohol content (BAC). Indiana has an “implied consent” law, which means that by driving on the state’s roads, motorists agree implicitly to submit to a breath or chemical test. If a driver refuses, a one-year administrative suspension is imposed. If the test is taken and shows a BAC of 0.08 percent or higher, the driver is charged with OWI and their license is suspended pending the outcome of the criminal case.
The first court appearance, known as the initial hearing or arraignment, takes place soon after the arrest. A judge reads the charges, advises the defendant of their constitutional rights, enters a not-guilty plea and makes bond or conditional release determinations. Conditions can include such restrictions as alcohol monitoring, travel limitations or required check-ins.
The case then enters the discovery phase, in which a defense attorney can access critical documents such as police narratives; recordings such as dash camera or body camera footage; and the official results of breath or chemical tests. Careful review of this evidence can reveal case flaws — such as an improper traffic stop, errors in testing or procedural missteps — that may affect the case’s outcome.
Before the case is tried, prosecutors and defense attorneys can discuss potential resolutions, such as reduction to a lesser offense. In some counties, diversion programs are available to eligible first-time offenders, offering a path to eventual dismissal after meeting conditions.
While their license is suspended, drivers may petition for specialized driving privileges (SDP), which permit travel to work, school, medical appointments and court-related obligations. These privileges allow the driver to preserve employment and family responsibilities even while the case is pending.
An experienced OWI attorney plays a critical role in the outcome of the case. If the defense successfully challenges the traffic stop, field sobriety tests, or chemical testing, the case may be dismissed. Other possible case outcomes include pleas to reduced charges, participation in a diversion program where available or accepting a plea agreement for alternative sentencing. The results hinge on such factors as the BAC level, a driver’s prior record and the specifics of the incident.
The Law Offices of Ryan E. Lackey in Fort Wayne is ready to protect your rights and help you fight OWI charges in Indiana. Call 260-222-7364 or contact us online to schedule a free consultation.
