Frequently Asked Questions About OVWI and DUI in Indiana
Is OVWI the same as a DUI in Indiana?
Yes and no. OVWI is Indiana’s legal term for what most people call a DUI, but the law is broader. OVWI stands for Operating a Vehicle While Intoxicated, and it covers alcohol, drugs, and other substances. While people commonly use the word DUI, the actual charge in Indiana courts will be OVWI.
Can I be charged with OVWI if I was under a 0.08 BAC?
Yes. Indiana does not require a BAC of 0.08 or higher to charge someone with OVWI. If law enforcement believes you were impaired based on observations, field sobriety tests, or other evidence, you can be charged even if your chemical test is below the legal limit.
Can I get an OVWI without drinking alcohol?
Yes. Alcohol is not required for an OVWI charge. You can be charged for operating a vehicle while intoxicated by drugs, including marijuana, prescription medications, or illegal substances. Even a mix of medications, taken exactly as prescribed, can still lead to an OVWI if impairment is alleged.
Do I have to be driving to get an OVWI?
No. In Indiana, “operating” a vehicle does not always mean driving. If you are in the driver’s seat, the vehicle is running, and you have control over it, even if it’s in park, you may still be considered to be operating the vehicle under Indiana law.
Can I get an OVWI while parked in my driveway or a parking lot?
Potentially, yes. Location alone does not prevent an OVWI charge. If law enforcement believes you were operating the vehicle while intoxicated, being parked on private property does not automatically protect you.
Is a first-time OVWI a big deal?
It can be. Even a first-time OVWI can result in:
- Criminal charges
- Driver’s license suspension
- Increased insurance costs
- A permanent criminal record if convicted
- In some counties, jail time.
The long-term consequences often matter more than the immediate penalties.
Should I talk to the police if I’m stopped for suspected OVWI?
You are required to provide identifying information, but you are not required to answer investigative questions. Anything you say can be used against you. This is why it’s critical to invoke your right to remain silent and speak with a criminal defense attorney as soon as possible.
Do I need a criminal defense attorney for an OVWI charge?
If your freedom, license, and future matter to you, the answer is yes. OVWI cases are highly fact-specific, and mistakes made early in the process can be hard to undo. An experienced criminal defense attorney can evaluate the evidence, identify weaknesses in the State’s case, and protect your rights from day one.