Being arrested for a DUI, or as Indiana formally calls it, OVWI (Operating a Vehicle While Intoxicated) is stressful, confusing, and often humiliating. Most people have no idea what to expect. You’re booked into jail, held until you’re sober, and eventually handed a piece of paper with a court date. Then you’re back on the street with more questions than answers.
If you’re asking yourself:
- Is my driver’s license going to be suspended?
- What happens at my first court hearing?
- Can I still drive for work?
- Do I really need a DUI lawyer?
You’re not alone. And you’re not stuck.
Here’s what really happens after a DUI arrest in Indianapolis, and how the Marc Lopez Law Firm works to protect your freedom and your ability to drive.
DUI vs. OVWI: What’s the Difference?
Across the country, people use the term DUI. Indiana calls the offense OVWI under Indiana Code 9-30-5, but the terms are interchangeable. In Indiana whether someone says DUI, OWI, or OVWI, they all refer to the same core allegation: operating a vehicle while intoxicated.
What Happens Immediately After a DUI Arrest?
Most DUI arrests in Marion County follow the same pattern:
- You’re taken to jail.
- You’re held while you sober up.
- You’re released with basic paperwork and very little explanation.
That paperwork gives you a date for your initial hearing. This hearing matters, because the judge will take the first steps toward suspending your driving privileges.
Why the Court Suspends Your Drivers License
Under Indiana Code 9-30-6-9, the judge is required to notify the BMV if:
- you failed a certified chemical test (breath or blood), or
- you refused the chemical test.
Once that notice is sent, the BMV, not the judge, starts your administrative suspension.
Here’s how those suspensions usually break down:
1. Failed Chemical Test
If your test comes back at 0.08 or higher, the BMV typically imposes an administrative 180-day suspension.
2. Refusing a Chemical Test
A refusal triggers an automatic one-year suspension under IC 9-30-6-9(b).
A second refusal becomes a two-year suspension.
Many people think refusing the test helps them avoid evidence. It doesn’t. The officer typically will get a warrant and your blood will be drawn anyway. That means the prosecutor gets:
- evidence of your refusal, and
- the blood test results.
That combination makes defending the case much harder.
Can You Still Drive After a DUI Arrest?
In Marion County, yes, sometimes.
Indianapolis judges often allow defendants to continue driving with an ignition interlock device (IID) when the suspension is based on a failed test. In some refusal cases, driving is still possible, but it is significantly more difficult and requires the right kind of legal strategy.
Many other counties across Indiana do not offer this flexibility.
This is one reason hiring a Marion County DUI attorney immediately can make a real difference.
What to Expect at Your First Court Hearings
After the initial hearing, your case will be scheduled for:
- pretrial conferences,
- status hearings, or
- trial
Depending on your history, the court may also order additional release conditions.
Alcohol Monitoring
In Marion County, people with prior OVWI convictions are often ordered to use a handheld alcohol monitor. You blow into it throughout the day to prove you aren’t drinking.
A strong DUI attorney can argue to reduce or remove this requirement. These monitors are expensive, intrusive, and often unnecessary.
Why Being Proactive Makes a Huge Difference
At the Marc Lopez Law Firm, we want our clients to look prepared, responsible, and committed to addressing the situation. That doesn’t mean admitting guilt. It means showing the judge you take the charge seriously.
We often recommend:
County-Certified Alcohol Evaluation
Not from a friend’s counseling center.
Not from an online program.
A county-certified evaluation counts in court and shows initiative.
Early Treatment if Recommended
If the evaluation suggests classes or counseling, completing those ahead of time gives us powerful mitigation evidence. Judges respond well to defendants who demonstrate responsibility before being forced into it.
A proactive approach helps in several ways:
- It can reduce the likelihood of harsh penalties.
- It shows the court you’re not ignoring the problem.
- It helps us negotiate more effectively with the prosecutor.
- It protects your ability to keep driving while the case is pending.
Judges are people. If we can stand in front of a judge and say:
“My client completed the evaluation, followed the recommendations, and has been fully compliant,”
it becomes much easier to argue for leniency, even if things take a turn for the worse later.
Why You Need an Attorney Experienced in Indianapolis DUI Cases
Every county in Indiana handles DUI charges differently. Marion County has its own local practices, its own monitoring systems, and its own way of evaluating risk.
When you hire the Marc Lopez Law Firm, you’re hiring a team that:
- handles OVWI cases daily
- knows the expectations of the local prosecutors
- understands Marion County’s release conditions
- knows how to protect your license
- understands when to negotiate and when to fight
You deserve a defense team that knows the terrain as well as the law.
Remember: you may be charged with DUI, but your future is shaped by what you do in the first weeks after the arrest.
Make the Right Call Today
A DUI arrest can disrupt your job, your family, and your peace of mind. But one mistake doesn’t have to define your life.
If you were arrested for DUI / OVWI in Indianapolis or Marion County, call the Marc Lopez Law Firm at 463-282-3514. We’ll explain your options, protect your right to drive, and fight to keep this charge from taking over your life.
And remember, always plead the Fifth.
