DUI Defense Lawyer in Indianapolis

Science-Driven OWI Defense Built on Forensic Credentials

When your license, livelihood, and freedom are on the line, the quality of your defense depends on how well your attorney understands the evidence against you. At Rathburn Law Office, P.C., we defend Indianapolis OWI cases from the science outward. Chuck Rathburn has spent more than 30 years focused almost exclusively on DUI defense, and that focus runs deeper than courtroom experience alone.

Chuck has been qualified as a forensic expert on breath testing instruments, Standardized Field Sobriety Tests (SFSTs), and alcohol’s effects on the human body by trial and appellate courts in nine states, including Indiana. He purchased the DataMaster evidential breath testing instrument used in Indiana prosecutions directly from the manufacturer, and he holds instructor-level certification in SFSTs. This means he’s trained to teach the administration and evaluation of the tests to others. He also completed phlebotomy and lab assistant training to develop hands-on knowledge of blood and urine testing procedures.

That depth of technical training isn’t background detail. It’s the foundation of how we build a defense. We serve clients throughout Indianapolis and across Indiana, and we offer free virtual consultations available 24/7.

Book a free virtual consultation with our DUI defense attorneys by contacting us online or calling (463) 465-2401. Available 24/7.

How Instrument-Level Knowledge Shapes Your Defense

Most attorneys challenge breath test results using general arguments. Chuck Rathburn challenges them as someone who owns and has trained on the same DataMaster instruments Indiana law enforcement uses. Because of that training depth and his direct relationship with the manufacturer, he has been invited to teach other attorneys how the DataMaster operates.

That distinction matters because the path to challenging a drunk driving charge runs through the evidence itself. Breath testing devices must be properly calibrated and maintained according to state protocols. Field sobriety tests follow NHTSA standardized procedures, and deviations by the administering officer can undermine the validity of those results. Blood and urine samples are subject to strict chain-of-custody requirements, and failures in collection, storage, or laboratory analysis can make results challengeable in court.

In each case we review, we examine the breathalyzer results, arrest protocols, SFST administration, and blood and urine testing procedures. If the evidence has a weakness, our goal is to find it.

Misdemeanor & Felony OWI Charges in Indianapolis

Indiana OWI charges range from Class C misdemeanors to serious felonies, and the charge level shapes everything from sentencing exposure to collateral consequences. At Rathburn Law Office, P.C., we handle the full spectrum, from first-offense OWI through second offenses and beyond, including felony-level charges.

Charge levels under Indiana law:

Class C misdemeanor: A first-offense OWI with a BAC between 0.08% and below 0.15%
Class A misdemeanor: A first-offense OWI with a BAC of 0.15% or higher, carrying enhanced penalties
Level 6 felony: A second OWI conviction within seven years, carrying six months to 2.5 years imprisonment and fines up to $10,000
Felony OWI: Charges arising from incidents involving serious bodily injury, death, a passenger under 18, or prior OWI convictions within the applicable lookback period

A first-time charge may qualify for pretrial diversion in some circumstances. At each charge level, we examine the initial traffic stop, SFST administration, and the validity of chemical test results. Chuck Rathburn represents clients on misdemeanor and felony drunk driving matters across Indiana, and we explore every avenue from negotiated plea agreements to rigorous defense at trial.

Protecting Your Driving Privileges in Indianapolis

An OWI arrest triggers two separate processes: the criminal case and the administrative action against your license. Both move quickly, and early intervention matters. At Rathburn Law Office, P.C., we work to avert license suspension stemming from Indiana OWI penalties and to seek reduced penalties or alternative sentencing that can preserve your ability to drive.

Indiana’s implied consent law means that refusing a chemical test triggers an automatic license suspension independent of any criminal outcome. A first refusal carries a one-year suspension. A subsequent refusal within five years carries two years. If suspension occurs, Specialized Driving Privileges (SDP) may allow limited driving for work, school, and medical purposes during the suspension period. We help clients understand and pursue those options.

Commercial drivers face compounded stakes. A CDL suspension upon an OWI conviction directly affects the ability to earn a living. Whether you hold a commercial driver license or depend on your personal license for employment and family responsibilities, we treat driving privilege protection as a central part of the defense.

DUI vs. OWI: What Indiana Law Actually Says

Indiana law uses the term Operating While Intoxicated (OWI), not DUI. DUI is informal and widely used by the public and law enforcement, but it doesn’t appear in Indiana statutes or charging documents. What “operating” means under state law matters more than the label, because the definition is broader than most people expect.

“Operating” gives prosecutors more latitude than “driving” does. A person can be charged with OWI even if the vehicle isn’t moving, as long as the State alleges the person was operating it.

Under Indiana law, a person may be considered to be operating a vehicle if they:

Are driving the vehicle
Are behind the wheel with the engine running
Have the ability to put the vehicle in motion

OWI charges can arise when a person is parked, stopped, or not actively driving at the time law enforcement arrives.

Indiana OWI Penalty Tiers by Offense Level

Indiana OWI penalties escalate with each conviction, and the consequences extend well beyond jail time and fines. Understanding the full range of what’s at stake is the starting point for building a defense strategy.

How Intoxication Is Defined

A person may be charged with OWI if their blood alcohol concentration (BAC) is 0.08% or higher, or if they are alleged to be intoxicated to a degree that impairs their ability to operate a vehicle safely, even if their BAC falls below that threshold. Indiana also applies lower limits in certain cases: 0.04% BAC for commercial drivers and 0.02% BAC for drivers under 21. A BAC between 0.08% and below 0.15% is charged as a Class C misdemeanor. A BAC of 0.15% or higher is a Class A misdemeanor carrying enhanced penalties.

Penalties by Conviction Level

First-offense OWI can carry up to one year in jail, fines up to $5,000, and license suspension up to two years. Additional conditions may include probation, substance abuse education, victim impact panel attendance, and community service hours.

Second-offense OWI can result in five days to three years of incarceration, fines up to $10,000, and a license suspension between 180 days and two years.

Third-offense OWI can bring ten days to three years of incarceration, fines up to $10,000, and a license suspension ranging from one to ten years. A third conviction may also trigger habitual traffic violator status under Indiana Code chapter 9-30-10, which can result in suspension from five years to life.

Aggravating Factors & Long-Term Consequences

A BAC of 0.15% or higher at arrest can result in enhanced penalties above the base level. A passenger under 18 can elevate a first-offense misdemeanor to a Level 6 felony. An OWI conviction stays on an Indiana driving record for life unless expunged, and expungement typically requires a five-year waiting period for a misdemeanor and eight years for a felony.

Additional sentencing conditions can include ignition interlock device installation, urine testing requirements, court costs and fees, and other probation terms. The cumulative weight of these consequences is why we examine every aspect of the evidence, from the initial stop through the chemical testing chain of custody, in each case we handle.

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Defend Your DUI Charge with Forensic-Level Representation

A drunk driving charge in Indianapolis can affect your license, your job, and your record for years. The earlier we can review the field sobriety tests, breathalyzer results, and arrest protocols in your case, the more options we can identify. Rathburn Law Office, P.C. represents first-offense and complex multi-offense OWI cases throughout Indianapolis and Central Indiana. Our approach to every case starts the same way: examine the evidence, challenge what doesn’t hold up, and build a defense strategy specific to your situation.

Don’t let a drunk driving charge define your future. Call (463) 465-2401 or reach out online for a free virtual consultation to discuss your case.

Statewide Accessibility
We represent clients throughout Indiana with virtual consultations that make high-level defense accessible without unnecessary travel.
Expert-Level Training
With advanced forensic education, instructor-level SFST training, and has been qualified as an expert in multiple states, our experience extends far beyond standard courtroom practice.
Decades of Experience
With over 30 years in practice, we bring seasoned judgment and refined strategy to every case, especially when the consequences are serious and long-lasting.
Science-Driven Defense
DUI cases rely on chemical testing and technical evidence. We focus on the science behind the accusation to uncover errors others may overlook.

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We offer virtual consultations to review DUI and traffic matters.

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