What is the difference between DUI, OWI, and OVWI in Indiana?
In Indiana, DUI is a commonly used term, but the actual criminal charge is OVWI, which stands for Operating a Vehicle While Intoxicated. You may also hear OWI used interchangeably. They all refer to drunk or drug-impaired driving, but OVWI is the term you’ll see on court paperwork.
Will I lose my driver’s license after a DUI arrest?
Possibly, but not always.
Your license can be suspended for two main reasons:
- you refused a chemical test, or
- the State has test results showing prima facie evidence of intoxication.
An experienced criminal defense attorney can often help you continue driving through specialized driving privileges or, in some cases, an ignition interlock device. This is one of the most time-sensitive parts of a DUI case.
Should I take the breath or blood test?
Every DUI case is different, but it’s important to understand this: refusing a chemical test automatically triggers a one-year license suspension in Indiana.
Many people assume refusal helps them avoid evidence. In reality, it often creates more problems and gives the State additional leverage. This is a decision that carries serious consequences, and one that should be evaluated carefully with a criminal defense attorney.
How long does it take for DUI charges to be filed?
In Indianapolis, DUI cases are often delayed while prosecutors wait for toxicology results, especially in blood draw cases.
Charges may be filed:
- within a few weeks, or
- several months later.
The State has up to two years to file a DUI case. Just because nothing has happened yet does not mean the case is going away.
Can I still drive while my DUI case is pending?
In many cases, yes, but only if the issue is handled correctly at the initial hearing.
A criminal defense attorney can:
- request specialized driving privileges, or
- argue for an ignition interlock in lieu of suspension.
If you show up without an attorney, you are far more likely to lose your license immediately.
What happens at the initial hearing for an OWI case?
The initial hearing is your first court appearance. The judge will:
- formally advise you of the charges, and
- consider whether your driver’s license should be suspended.
This hearing sets the tone for the rest of the case. It is not something you want to walk into unprepared.
Can a DUI be dismissed or reduced?
Yes, depending on the facts.
DUI cases often involve issues such as:
- an unlawful traffic stop,
- improper field sobriety testing,
- faulty breath or blood testing, or
- lack of proof that you were actually driving.
A thorough review of the evidence is critical. Not every DUI case is defensible, but many are far weaker than they appear at first glance.
Do I really need a criminal defense attorney for a DUI?
A DUI is a criminal charge with long-term consequences. It can affect your:
- driving privileges,
- employment,
- insurance rates, and
- criminal record.
An attorney’s role isn’t just showing up in court, it’s protecting your ability to live your life while the case is pending and positioning you for the best possible outcome.
What should I do if I’ve been arrested for DUI in Indianapolis?
First, don’t talk yourself into trouble. You have the right to remain silent.
Second, speak with a criminal defense attorney as soon as possible. The earlier an attorney is involved, the more options you may have, especially when it comes to protecting your license.