Frequently Asked Questions About DUI / OWI Traffic Stops in Indiana
What should I say if an officer asks if I’ve been drinking?
You are not required to answer that question.
A safe and effective response is:
“Officer, here are my documents. I’m not answering any questions.”
Admitting to drinking, even “just two beers”, can be used as evidence in a DUI / OWI investigation. Your goal is to avoid providing information that could be used against you later.
Can I refuse to answer police questions during a traffic stop?
Yes.
You have a constitutional right to remain silent under the Fifth Amendment. You can clearly and politely state:
“I plead the Fifth.”
This applies to questions about drinking, where you’ve been, or anything else that could be used in a criminal defense case.
Do I have to do field sobriety tests in Indiana?
In most cases, no.
Field sobriety tests, like the walk-and-turn or one-leg stand, are typically optional in Indiana. These tests are designed to gather evidence, not to help you.
You can decline by saying:
“I’m not going to do those tests.”
Will refusing field sobriety tests be used against me?
In Indiana, refusal of field sobriety tests generally cannot be used as evidence of guilt in court.
However, the officer may still note your refusal in their report. That said, refusing these tests often limits the amount of evidence available to the State.
Do I have to take a breathalyzer test?
It depends on the type of test.
- Roadside portable breath test (PBT): Usually optional in Indiana
- Certified chemical test (breath or blood): Required under Indiana’s implied consent law
Refusing a certified chemical test can result in license suspension and other penalties, even if you are not convicted of a DUI / OVWI.
What’s the difference between a DUI, OWI, and OWI in Indiana?
They all refer to drunk driving, but Indiana uses the term OVWI (Operating a Vehicle While Intoxicated).
- DUI (Driving Under the Influence): Common general term
- OWI (Operating While Intoxicated): Used in some states
- OVWI: Indiana’s official legal term
Regardless of the label, these charges fall under criminal defense law and carry serious consequences.
Can I talk my way out of a DUI stop?
No.
In reality, people tend to talk their way into charges, not out of them. Statements like “I only had a couple drinks” often become key evidence in a drunk driving case.
Remaining calm, polite, and silent is usually the better approach.
Do I have to get out of the car if the officer asks?
Yes.
If an officer gives a lawful order to exit the vehicle, you should comply. Refusing can lead to additional charges or escalation of the situation.
Remember:
Compliance is required. Conversation is not.
Can being nervous be used against me in a DUI case?
Yes.
Officers frequently document behavior like:
- Nervousness
- Shaky hands
- Confused responses
- Fumbling with documents
These observations can be used to support a DUI / OWI arrest. That’s why it’s important to stay calm and avoid unnecessary conversation.
When should I contact a criminal defense attorney after a DUI arrest?
Immediately.
The sooner you speak with a criminal defense attorney, the better your chances of protecting your license, your record, and your future.
DUI / OWI cases move quickly, and early intervention can make a meaningful difference.