An OWI arrest doesn’t automatically mean a conviction. Whether a charge can be beaten depends on the facts behind the stop, the arrest, and the chemical test. Not simply on whether an officer recorded a breath or blood alcohol concentration result.
Indiana labels this offense Operating While Intoxicated, or OWI, under Indiana Code chapter 9, article 30, chapter 5. People often use DUI and DWI interchangeably, but an Indiana criminal charge will be labeled OWI. The stakes can include jail, fines, license suspension, employment consequences, and a criminal record.
What an OWI Charge in Indiana Actually Means
An OWI charge can be based on a blood alcohol concentration, often called BAC, or on evidence that a person was impaired while operating a vehicle. For most drivers, Indiana’s per se BAC limit is 0.08 percent. The limit is 0.04 percent for commercial drivers and 0.02 percent for drivers under 21.
A first OWI with a BAC below 0.15 percent is generally a Class C misdemeanor, carrying up to 60 days in jail and a fine of up to $500. A BAC of 0.15 percent or more can elevate a first offense to a Class A misdemeanor, which carries up to one year in jail and a fine of up to $5,000.
Indiana OWI Penalties by Offense Level
Penalties depend on the allegation, BAC level, prior convictions, injuries, and other facts. A criminal case also has a separate license component, so consequences can begin before the court resolves the charge.
Key penalty considerations:
- First OWI: A first offense may be charged as a Class C or Class A misdemeanor, depending in part on the BAC alleged.
- Second OWI Within Seven Years: A second OWI within Indiana’s seven-year lookback period is a Level 6 felony, carrying six months to two and one-half years and a mandatory minimum of five days in jail or 240 hours of community service.
- Failed Chemical Test: An administrative license suspension for a failed certified chemical test is generally 180 days under Indiana Code chapter 9, article 30, chapter 6, section 9. This is separate from any suspension the court may impose after conviction.
- Specialized Driving Privileges: Under Indiana Code chapter 9, article 30, chapter 16, a driver may petition for limited driving privileges during certain conviction-based suspensions. These privileges generally aren’t available during a refusal-based administrative suspension.
Indiana’s Implied Consent Law & What Happens at the Scene
Indiana’s implied consent law, Indiana Code chapter 9, article 30, chapter 6, provides that anyone who drives in Indiana has consented to a certified chemical test of breath, blood, or urine when an officer has the required legal basis to request one. That certified test is different from the portable breath test, or PBT, used at the roadside.
PBT results generally aren’t admissible at trial, and refusing a PBT doesn’t trigger the implied consent license suspension. Refusing a certified chemical test, however, can result in an administrative suspension of one year for a first refusal and two years for a subsequent refusal. Officers may also seek a warrant for a blood draw, so refusing a breath test doesn’t necessarily end chemical testing.
How Indiana OWI Defenses Actually Work
Beating an OWI charge is usually a question of testing the government’s evidence at every stage. A defense isn’t a script or a promise of a particular result. It’s a detailed review of whether police followed constitutional requirements, testing rules, and evidence-handling procedures.
DataMaster Breath Testing
Indiana uses the DataMaster DMT as its evidential breath testing instrument. A breath result can raise questions about the required observation period, the operator’s certification, instrument calibration, maintenance records, radio frequency interference, or the testing sequence. The documents behind the number matter as much as the number itself.
A rising BAC defense may also apply in the right circumstances. Alcohol absorbed after driving can produce a higher BAC at the time of testing than at the time the vehicle was operated, particularly when there was a significant delay between the stop and the test.
Standardized Field Sobriety Tests
Standardized Field Sobriety Tests, or SFSTs, are roadside exercises officers use to look for clues of impairment. The horizontal gaze nystagmus test, walk and turn, and one-leg stand each have defined administration procedures. Departures from those procedures, along with poor lighting, uneven surfaces, weather, footwear, injuries, age, and medical conditions, can all affect the reliability of the claimed clues.
Blood Test Evidence
Blood evidence must be examined from the draw through laboratory analysis. Under Indiana Code chapter 9, article 30, chapter 6, section 6, the chain of custody (the documented handling of the sample at each stage) can be critical. The qualifications of the person who drew the blood, sample labeling, storage, refrigeration, transport, laboratory procedures, and the possibility of contamination may all require scrutiny.
Challenging the Stop: Reasonable Suspicion & Probable Cause
An officer needs reasonable suspicion (specific and articulable facts suggesting a traffic or criminal violation) before making a stop. An observed violation can justify one, but a hunch can’t. Weaving within a lane without crossing lane markers may not, by itself, establish reasonable suspicion under Indiana law.
Probable cause is a separate and higher standard. Even after a valid stop, an officer must have sufficient facts to justify an arrest. If either the stop or the arrest lacked the required legal basis, evidence gathered afterward (including field tests and chemical results) may be subject to suppression.
Why Technical Knowledge Matters in an Indiana OWI Case
OWI evidence often looks conclusive until someone examines how it was generated. Chuck Rathburn has been qualified by trial and appellate courts in Indiana and other states to testify about breath testing, SFSTs, and alcohol’s effects on the human body. He purchased both the Alco Sensor III roadside device and the DataMaster evidential breath testing instrument directly from the manufacturer, completed phlebotomy and laboratory assistant training to better understand blood and urine testing evidence, and holds instructor-level SFST certification. Those credentials connect directly to the technical questions that can shape an OWI defense.
Steps to Take After an OWI Arrest
The first days after an arrest matter because the criminal case and the administrative license suspension run on separate tracks. Both can involve time-sensitive decisions, and preserving the available paperwork from the start gives you more options later.
Practical steps after an arrest:
- Keep Every Document: Save the citation, bond paperwork, notice of suspension, chemical test receipt, and any paperwork identifying the court date.
- Preserve Video Evidence: Dashcam and bodycam footage may show the driving, roadside conditions, officer instructions, and SFST administration. Agency retention periods vary, and video can be overwritten quickly.
- Write Down Details: Record the timeline, what you ate or drank, medications, medical conditions, witnesses, and anything the officer said while the details are still clear.
- Use Your Right to Remain Silent: Statements made during a stop or arrest can become evidence. Don’t try to explain facts away without legal advice.
What to Expect From the Indiana OWI Court Process
An Indiana OWI case typically begins with an initial hearing, where the court addresses the charge and sets future dates. From there the case moves through discovery, pretrial conferences, motions to suppress, and plea discussions. Trial follows if it comes to that. Motions are often where the most consequential legal challenges are decided, including those targeting the stop, the arrest, or the chemical testing.
Some first-time defendants may qualify for a pretrial diversion program, depending on the circumstances and the prosecutor’s requirements. Successful completion can result in dismissal of the charge. After a conviction, a person may need to complete required programs before reinstatement and may have options involving specialized driving privileges or, when eligible, expungement.
Frequently Asked Questions
Can a Commercial Driver Lose a CDL After a First OWI?
Yes. A first OWI conviction generally results in at least a one-year commercial driver’s license disqualification, even when the person was driving a personal vehicle. A second offense can result in lifetime disqualification. Commercial drivers should weigh both the criminal case and the career consequences from the start.
What Happens If I Refuse a Chemical Test?
A first refusal of a certified chemical test generally triggers a one-year administrative suspension; a subsequent refusal triggers two years. This suspension runs separately from any consequences in the criminal case, and specialized driving privileges are generally unavailable during a refusal suspension.
Is a Second OWI a Felony in Indiana?
A second OWI within seven years of a prior conviction is a Level 6 felony in Indiana. The timing of the prior conviction matters significantly when evaluating the charge and potential penalties.
Can Breath & Blood Results Be Challenged?
Yes. Challenging a chemical test result can involve examining the legal basis for testing, DataMaster records, testing protocol, observation procedures, laboratory methodology, and chain of custody for blood samples. A result is evidence. It is not a final answer to every legal question in the case.
Make Decisions With the Full Picture
An OWI allegation involves more than a BAC number. The reason for the stop, the officer’s observations, how roadside tests were administered, the testing instrument, and the handling of evidence can all matter. A careful review is especially important when your license, employment, or commercial driving privileges are on the line.
Our firm, Rathburn Law Office, P.C., represents people facing OWI allegations in Indianapolis and offers virtual consultations statewide. To discuss the facts of your case with Chuck Rathburn, call (463) 465-2401.