Indiana DUI Attorney’s Guide to First-Time DUI / OVWI Charges

When you’re charged with driving under the influence (DUI) in Indiana—or “Operating a Vehicle While Intoxicated” (OVWI) as it’s officially called—it can feel like the world is crashing down around you. Suddenly, you’re worried about jail time, losing your driver’s license, or even facing felony charges if there are certain aggravating factors. It’s a confusing experience, especially if this is your first time dealing with the criminal justice system.

This blog is designed for first-time DUI/OVWI defendants and anyone supporting them. We’ll break down Indiana’s OVWI laws, what to expect after an arrest, potential penalties, and why hiring an experienced Indiana DUI / OVWI  lawyer can make a huge difference in your case. Even if it feels overwhelming right now, there are proactive steps you can take to protect yourself and, in many cases, minimize the damage.

Table of Contents

1. Understanding OVWI vs. DUI vs. DWI

When most people picture a “DUI arrest”, they think of an officer pulling someone over, conducting field sobriety tests, and then administering a breath test. You may have also heard phrases like DWI (Driving While Intoxicated) or OUI (Operating Under the Influence). In Indiana, the official term is OVWI—Operating a Vehicle While Intoxicated.

Despite the different acronyms:

• DUI = Driving Under the Influence
• DWI = Driving While Intoxicated
• OVWI = Operating a Vehicle While Intoxicated (Indiana’s official name)

They all refer to the same general idea: you allegedly operated a vehicle after consuming some substance (alcohol, drugs, or even legal medication) that impaired your ability to drive. For simplicity’s sake, you’ll see “DUI” and “OVWI” used interchangeably here.

Why Terms Matter

People search online with phrases like “Indiana DUI Attorney” or “Indiana DWI Lawyer,” so we use them to help individuals find Marc Lopez Law Firm when they need guidance. But don’t let the different terms confuse you. Legally, in Indiana, OVWI is the charge.

2. Indiana’s Definition of “Intoxication”

Indiana law defines “intoxication” in a broad way. You can be considered intoxicated if:

1. Alcohol or Drugs: You have alcohol, controlled substances, or any combination in your system that impairs your normal faculties.

2. Prescription Medication: Even legal prescription meds can land you in legal trouble if they affect your reaction time, judgment, or motor skills while driving.

3. Marijuana and Other Substances: THC and other metabolites in your blood can also trigger charges, even if you’re not feeling “high.”

The key factor is whether your mental or physical abilities are impaired, not whether the substance is legal. That’s why prescription drug DUIs happen more often than many people realize.

3. The Two Common DUI Charges (And Why You Might See More)

1. Operating a Vehicle While Intoxicated (OVWI)

This charge generally focuses on your level of impairment. If law enforcement believes your coordination or judgment is compromised, they may charge you with this form of OVWI. It doesn’t rely on a BAC number alone.

2. “Per Se” Charges

Indiana also recognizes per se offenses, meaning if your Blood Alcohol Concentration (BAC) is at or above 0.08%, you can be charged regardless of how well you can still operate a vehicle. There are also higher tiers, such as 0.15% or more, which can bump up the severity.

In some cases, you’ll see additional charges like “Operating with a Metabolite” if certain drugs show up in your blood, even if you weren’t actively impaired at the time. This can lead to confusion, because a single traffic stop might generate multiple charges for the same incident.

4. Why You Might Have Multiple Counts From One Stop

It’s normal to feel overwhelmed if you see six or seven different charges listed on your paperwork. Boone County in particular tends to file every possible statutory variation. For instance, you might have:

• OVWI (impaired driving)
• OVWI Per Se 0.08+
• OVWI Per Se 0.15+
• Operating with a Controlled Substance in your blood
• And so on…

It might look like the prosecutor’s office is throwing the entire kitchen sink at you, but it often comes down to one traffic stop and one alleged crime. The state will use different statutory provisions, letting them pick the charge that sticks best. Don’t panic—an experienced Indiana DUI attorney can parse through these charges and figure out what you’re truly up against.

On the other hand, some counties such as Marion County, Hamilton County, Hendricks County and Johnson County are what I would say are minimalist counties – only filing the DUI / OVWI charge and not even mentioning the traffic infraction that initially started the investigation. The overcharging and undercharging is allowed under current Indiana Criminal Law.

5. Misdemeanors vs. Felonies: What Makes the Difference?

In Indiana, a first-time DUI usually starts as a Class C Misdemeanor. Here’s how it escalates:

1. Class C Misdemeanor

• BAC of 0.08 to <0.15 or
• “Impaired” but without aggravated factors
• Punishable by up to 60 days in jail and $500 in fines.

2. Class A Misdemeanor

• BAC of 0.15+, or
• If there was even a slight endangerment of another person
• Punishable by up to 1 year in jail and up to $5,000 in fines.

3. Felony

• Often a Level 6 Felony or greater even if it is your first DUI but there’s a child under 18 in the car or an accident causing serious bodily injury.
• Punishable by 6 months to 2.5 years and up to $10,000 in fines.

Endangerment is a low threshold in Indiana. Simply swerving or crossing the center line might be enough for a prosecutor to argue you “endangered” others on the road. If you see the word “endangerment” in your charging documents, don’t assume it means you actually injured someone. It’s often about what could have happened, not what did happen.

6. License Suspension Issues

For many first-time offenders, the most pressing concern is losing the ability to drive. After all, in Indiana, driving is a necessity for work, school, medical appointments, and more.

Pre-Conviction Suspension

• If you test 0.08 or higher, the judge by law must suspend your license at the initial hearing for 180 days.
• This can feel unfair: “Aren’t I innocent until proven guilty?” Unfortunately, Indiana views driving as a privilege and can impose administrative actions based on probable cause.

Specialized Driving Privileges (SDP)

• Introduced in 2014, SDP allows you to drive to and from essential places, such as work or the grocery store, even during a suspension.
• It is not automatic.
• Some judges are very open to granting it, while others require you to jump through multiple hoops or flat-out deny it depending on the circumstances.

If you qualify for SDP, you’ll typically have restrictions like limited driving hours, specific routes and possibly an alcohol monitoring device. But it’s better than no license at all. An experienced Indiana DUI attorney can help you file for SDP and present a solid case to the judge.

7. Refusing a Breath or Blood Test

Indiana has an implied consent law, meaning if you’re arrested for an OVWI, you implicitly agree to chemical testing of your breath or blood. If you refuse:

1. Automatic One-Year Suspension of your license, before you’re even convicted.

2. If ultimately convicted of an OVWI on top of that, expect an additional suspension of up to a year.

This means even a first time offender with a refusal will be facing a two-year total suspension. Judges and prosecutors tend to see refusals as non-cooperative, so your chance of obtaining any sort of driving privileges drop significantly. 

However, refusal cases aren’t always open-and-shut. Officers must follow specific procedures when administering breath or blood tests. If they didn’t properly inform you of your rights or used flawed equipment, you could challenge the refusal. It’s a complicated area of law, and having a seasoned DUI attorney can be invaluable.

8. What to Expect in Court

Initial Hearing (First Court Appearance)

• Purpose: The judge formally reads your charges.
• Possibility: You might not have to attend if your attorney waives this appearance (possible for misdemeanors in many counties).

At this stage, you’ll also learn about any license suspensions and conditions for release. 

Pretrial Conferences

• The prosecutor and your attorney discuss evidence, potential offers, and scheduling.
• These are usually mandatory for you to attend unless the judge excuses you in writing in advance.

Trial or Plea Hearing

• If you and the state can’t reach a plea agreement, your case will proceed to trial.
• If you plead guilty, the judge will accept the plea and impose penalties.

Tip: Court can be unpredictable. If you have questions about dates or attendance, always ask your lawyer first. Don’t assume anything about whether you’re excused.

9. Pretrial Conferences: Why They Matter

A pretrial conference is your attorney’s chance to hash out details with the prosecutor, such as:

• Evidence: Police reports, breath test results, body cam footage, etc.
• Plea Offers: Sometimes the prosecutor is open to negotiating or they may want more time to consider the evidence.
• Scheduling: Figuring out if more conferences or motion hearings are needed.

In some counties, pretrial conferences are what attorneys call a “cattle call”—there may be dozens of other defendants on the docket, making in-depth negotiations less likely. In others, you’ll get a more one-on-one experience.

10. Trials vs. Plea Agreements: Which Path Is Right for You?

When it comes to resolving a first-time DUI, you have two main options:

Plea Agreement

• Benefits: A more predictable resolution, often avoiding jail for first-time offenders without aggravating circumstances.
• Risks: You admit guilt and may face fines, license suspensions, or probation.

Trial

• Benefits: If the state’s evidence has holes, you might get an acquittal.
• Risks: Trials are time-consuming, can be costly, and if convicted, you might face maximum penalties.

Attorney Insight: Your attorney can advise you on the strength of the case against you. If there are major flaws—like questionable lab results, violations of your constitutional rights, or improper police procedures—it might be worth taking it to trial. Conversely, if the evidence is strong, a negotiated plea could save you time and stress.

11. Potential Penalties for First-Time Offenders

Indiana doesn’t treat DUI/OVWI lightly, even if you’re a first-time defendant. Here are some common penalties:

1. License Suspension

• Typically 180 days to a year, but can vary depending on the situation.

2. Fines

• Up to $500 for a Class C Misdemeanor
• Up to $5,000 for a Class A Misdemeanor

3. Probation

• May include random drug testing, mandatory classes, or community service.

4. Jail Time

• Rare for a first offense without aggravating factors, but still possible.

5. Ignition Interlock Device (IID)

• You might be required to install a breath-testing device in your car. If it detects alcohol, it locks the ignition.

6. Court-Mandated Education

• Alcohol or substance abuse courses, sometimes combined with victim impact panels.

12. Real-World Consequences: Jobs, Insurance, and More

One of the most challenging aspects of a DUI conviction is the long-term fallout. Even a misdemeanor can stay on your record and affect:

• Employment: Many employers run background checks. A DUI can make you look riskier.
• Professional Licenses: If you’re a doctor, nurse, teacher, or hold a CDL, you might face additional disciplinary action.
• Auto Insurance: Rates often skyrocket after an OVWI, and some insurers might drop your coverage entirely.
• Travel: Certain countries, like Canada, can deny entry if you have recent DUI convictions.
• Housing: Landlords sometimes reject applicants with criminal records.

A first-time offender might think, “This won’t change my life that much,” but it can. Even if you avoid jail time, the stigma and financial burden might affect you for years. An attorney can help negotiate or strategize to minimize these real-world consequences.

13. Accidents, Injuries, and Child Passengers

Accidents and Injuries

If your first-time DUI involved an accident that caused injuries, the potential charges jump to a Level 6 Felony or higher. Prosecutors and judges consider injury-related DUIs more severe, often seeking harsher penalties.

Child Passengers

Driving under the influence with a child under 18 in the car automatically increases the offense to a felony. Judges and prosecutors view these situations as particularly aggravating, and you can expect stricter outcomes, such as jail time, higher fines, or extended license suspension.

Takeaway: If your DUI includes either of these factors—accident with injury or child passenger—you must contact a lawyer immediately. The stakes are higher, and so are the penalties.

14. Proactive Measures to Strengthen Your Defense

Don’t wait for the court to tell you what to do. If you’ve been charged (or suspect you soon will be), here are steps you can take to improve your position:

1. Alcohol Assessment or Substance Abuse Evaluation

• This is a structured assessment by a certified counselor. If you demonstrate willingness to address potential issues early, it may help in negotiations.
• Every County has approved providers and will not consider programs that the county has not approved. 

2. Enroll in Classes

• Some first-time offenders benefit from alcohol education programs or counseling even before their first court date. Judges and prosecutors appreciate proactive efforts.

3. Document Everything

• Write down the details of your arrest, names of officers, times of the tests, etc. This can be critical if you decide to challenge any evidence.

4. Maintain a Clean Record

• Avoid any new tickets or violations while your case is pending. Additional infractions make you look careless or disrespectful of the law.
• Do not drive if the judge has suspended your license. Being caught driving after a judge tells you not to is the quickest and easiest way to turn even the most caring and understanding judge into a judge we would rather not appear in front of. 

Your attorney can recommend which steps will be most beneficial given your specific situation. Being proactive sends a clear message that you’re taking the process seriously.

15. Why You Need an Attorney

Some people think they can handle a first-time DUI on their own, especially if they assume the evidence is cut-and-dry. However, DUI law in Indiana is technical and fast-changing. Here’s what a skilled attorney can do:

• Guide You: The entire criminal justice system is messy and confusing. While it is not rocket science, it is absolutely stressful.  A skilled attorney can make navigating the maze of what is going on much more simple. 
• Challenge Test Results: Breathalyzers and blood tests can be flawed if not calibrated or administered properly.
• Investigate Police Conduct: Did the officer have probable cause to stop you? Were you read your rights correctly?
• Negotiate a Better Plea: With the right strategy, you might avoid a higher misdemeanor or mitigate some of the more severe penalties.
• Fight for Your License: An attorney can help secure Specialized Driving Privileges or challenge unfair suspensions.

Remember: The prosecution’s job is to prove you guilty beyond a reasonable doubt. Your lawyer’s job is to hold them to that standard by asking questions, reviewing evidence, and making sure your constitutional rights are respected.

16. What to Do If Charges Haven’t Been Filed Yet

Sometimes, especially when there’s an accident or the state is waiting on lab results, charges might not be filed immediately. You might be worried about a future DUI case looming over you.

Why Acting Now Matters

• Evidence Preservation: Crucial dashcam or bodycam footage can disappear if not promptly requested.
• Preemptive Rehab or Classes: Show you’re taking responsibility by starting counseling or classes.
• Legal Strategy: If the state does charge you weeks or months later, you’ll be ahead of the game with a prepared defense.

Indiana has two years to file a misdemeanor DUI. If injuries or death occurred, it could be even longer for felony charges. Don’t just hope the issue goes away. Prepare for the possibility, and you’ll be in a much stronger position if the worst happens.

17. Next Steps: Contact the Marc Lopez Law Firm

Getting professional guidance early on can drastically influence the outcome. At Marc Lopez Law Firm, we handle first-time DUI cases with urgency and attention to detail. Our attorneys have:

• Prosecutor Experience: We understand how the other side builds its case.
• DUI Science Knowledge: Familiarity with breath tests, blood draws, and how to challenge them.
• Local Court Insights: We know the judges and prosecutors across Indiana, so we can tailor our approach.

Remember: Even if this is your first DUI, it can have lasting effects on your job, license, and reputation. We’re here to help minimize those consequences.

18. Make the Right Call

When you face a DUI/OVWI charge, the decisions you make now have a direct impact on your future. You deserve a comprehensive defense that protects your rights and helps you regain control of your life.

Here’s what to do immediately:

1. Stay Silent: Don’t answer police questions without legal counsel, even if the police call days or months later.

2. Call an Attorney: Dial 463-307-0761 and speak to the Marc Lopez Law Firm right away.

3. Document Everything: The more information you have, the stronger your defense.

A DUI can feel overwhelming, but you don’t have to face it alone. At the Marc Lopez Law Firm, we’re passionate about defending individuals just like you. We believe everyone deserves qualified and dedicated legal support—especially when an entire future is on the line.

Final Thoughts

• A first-time DUI can lead to multiple charges, and Indiana law takes these offenses seriously.
• Understanding SDP (Specialized Driving Privileges) and the different levels of misdemeanor vs. felony is crucial.
• Refusal cases complicate license suspensions and can limit your ability to negotiate driving privileges.
• Even if charges aren’t officially filed yet, you can still proactively work to strengthen your defense.

At the Marc Lopez Law Firm, we strive to help you protect your rights, reduce penalties, and move forward with your life. Don’t wait—call us now at 317-632-3642, and remember—always plead the Fifth if you find yourself in an uncertain situation with law enforcement.