FREQUENTLY ASKED QUESTIONS
What is the difference between a DUI and an OVWI in Indiana?
In Indiana, the official criminal charge is Operating a Vehicle While Intoxicated (OVWI). Many people use the term DUI (Driving Under the Influence), but Indiana law refers to these offenses as OVWI charges. Both terms generally describe allegations that a person operated a vehicle while intoxicated or with an unlawful alcohol concentration.
Does an Indiana DUI arrest mean I am guilty?
No.
An arrest is simply an allegation that you violated Indiana law. The prosecutor must still prove every element of the offense beyond a reasonable doubt. Many DUI and OVWI cases involve legal issues relating to the traffic stop, field sobriety tests, chemical tests, or police procedures.
Should I answer police questions during a DUI stop?
You should remain polite and cooperative, but you should not volunteer information.
Many people hurt their cases by attempting to explain, justify, or talk their way out of a situation. Remember, anything you say can potentially be used as evidence later. As we often tell our clients, always plead the 5th.
Can I refuse a breath or blood test in Indiana?
You can refuse, but there are serious consequences.
Under Indiana’s implied consent laws found in Indiana Code 9-30-6-7, refusing a chemical test can result in a driver’s license suspension and additional complications with your case. Refusal does not necessarily prevent law enforcement from obtaining evidence through other means.
Will I lose my driver’s license after a DUI arrest?
Possibly.
Many DUI arrests trigger administrative and court-related license consequences. Depending on the circumstances, you may face:
- License suspension
- Ignition interlock requirements
- SR-22 insurance requirements
- Specialized driving privilege issues
Because license matters can move quickly, it is important to speak with an attorney as soon as possible.
How soon should I hire a criminal defense attorney after a DUI arrest?
Immediately.
Waiting until your first court date can be a costly mistake. Important evidence may disappear, surveillance footage may be overwritten, and deadlines affecting your driver’s license can arise before your initial hearing.
The earlier an attorney gets involved, the more opportunities there may be to preserve evidence and protect your rights.
What happens at the first court hearing after an Indiana DUI arrest?
The first hearing is called an Initial Hearing.
During this hearing, the court typically:
- Advises you of the charges
- Explains the possible penalties
- Enters a not guilty plea
- Schedules future court dates
In most cases, the initial hearing is brief. Much of the important work in a DUI case happens before and after that hearing.
Can a DUI case be dismissed?
Some can.
Every case is different. Depending on the facts, a criminal defense attorney may identify issues involving:
- The legality of the traffic stop
- Field sobriety testing
- Chemical testing procedures
- Police reports
- Video evidence
- Constitutional violations
While no attorney can guarantee a specific outcome, a thorough investigation may uncover defenses that significantly affect the case.
Should I post about my DUI arrest on social media?
No.
Avoid discussing your case on Facebook, Instagram, TikTok, X, Reddit, or any other platform. Prosecutors can review publicly available content, and even seemingly harmless posts can create problems for your defense.
The safest approach is to discuss your case only with your attorney.
How do most Indiana DUI cases end?
Most DUI and OVWI cases are resolved in one of two ways:
- A negotiated agreement with the State; or
- A trial or contested hearing.
The right path depends on the facts, the evidence, and your personal goals. A good attorney will help you understand the advantages and risks of each option before you make a decision.
What should I do immediately after a DUI arrest?
If you’ve been arrested for DUI or OVWI in Indiana:
- Remain calm.
- Avoid discussing the case with anyone other than your attorney.
- Stay off social media.
- Keep all paperwork related to your arrest.
- Write down everything you remember while it’s fresh.
- Contact an experienced Indiana criminal defense attorney as soon as possible.
The actions you take during the first few days after an arrest can have a significant impact on the outcome of your case.
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