Getting arrested for a DUI can feel overwhelming. One moment you’re driving, and the next you’re dealing with police questions, roadside tests, and the very real fear of losing your license, or worse.
If you’ve been charged with a DUI, OWI, or OVWI in Indianapolis, it helps to understand what actually happens next. The process is predictable, the stakes are high, and the decisions you make early on can shape the entire case.
Here’s what you can expect, step by step, and why having a criminal defense attorney involved as early as possible matters.
Step One: The Traffic Stop
Every DUI investigation starts with a stop. An officer may pull you over because:
- they observed unsafe lane movements,
- you ran a red light or committed another traffic violation, or
- someone reported a possible drunk driver.
Once your vehicle is stopped, the investigation begins immediately. The officer isn’t just checking your license. They’re watching everything.
They’ll be looking for signs of intoxication such as:
- the smell of alcohol,
- watery or bloodshot eyes,
- slurred or confused speech, or
- difficulty retrieving your license or registration.
These observations are used to justify taking the investigation further.
Step Two: Field Sobriety Tests
If the officer believes they see enough indicators, you’ll likely be asked to step out of the vehicle to perform field sobriety tests.
These typically include:
- the HGN test (following a stimulus with your eyes),
- the walk-and-turn, and
- the one-leg stand.
These tests are not pass-or-fail in the way people assume. They are subjective tools officers use to build probable cause for an arrest. Nervousness, fatigue, injuries, or poor road conditions can all affect performance.
Step Three: Implied Consent and Chemical Testing
If the officer believes you are operating a vehicle while intoxicated, they will invoke Indiana’s implied consent law.
By holding an Indiana driver’s license, you have already agreed to submit to chemical testing if an officer believes you are impaired. That usually means:
- a certified breath test at the police station, or
- a blood draw at a hospital.
Refusing this test has serious consequences. A refusal triggers an automatic one-year driver’s license suspension, separate from the criminal case itself.
This is one of the most critical moments in any DUI investigation.
Step Four: Arrest and Booking
After testing, or a refusal, you will be arrested and booked into custody. The speed of how fast you are eligible to be released is based on a multitude of factors including the BAC level, a person’s criminal history and even the day of the week the person is booked.
While this part moves fast, it’s only the beginning. The real case often doesn’t start until later.
Step Five: Waiting for Charges to Be Filed
After your release, you may expect immediate court dates. And while that is most often the case sometimes charges are delayed for weeks or months.
In Indianapolis, prosecutors often delay filing DUI charges while waiting for toxicology results, most often in blood test cases. This delay can be frustrating, but it’s common.
Important to know:
- the State has up to two years to file charges, and
- a case can appear long after you thought it was over.
Even if changes are not filed, if you were arrested and taken to jail you likely know charges are coming. And there are things we can do now to help your situation later. This is why ignoring a DUI arrest is a mistake.
Step Six: The Initial Hearing and License Suspension
Once charges are filed, you’ll receive notice of an initial hearing. This is your first court appearance.
For DUI / OWI cases, the State typically asks the judge to suspend your driver’s license at this hearing based on:
- a chemical test refusal, or
- test results showing prima facie evidence of intoxication.
This is where having a criminal defense attorney is critical.
An attorney can:
- fight to keep you driving during the case,
- request specialized driving privileges (a hardship license) if you submitted to testing, or
- seek permission for an ignition interlock device in certain refusal cases.
Without legal representation, most people lose their driving privileges immediately. It is possible to obtain driving privileges after the initial hearing in some circumstances, but it is an uphill battle.
Step Seven: Discovery and Building the Defense
After the initial hearing, the case moves into discovery.
This is when the State must turn over evidence, including:
- body camera footage,
- dash camera video,
- breath or blood test results, and
- witness statements.
Discovery usually takes 30 to 90 days. During this time, your attorney evaluates whether the State can actually prove:
- that you were driving,
- that the stop was lawful, and
- that the testing was properly conducted.
If prescription medication, non-alcohol substances, or testing errors are involved, those defenses must be raised early and correctly.
Why DUI Charges Are So Stressful, and So Serious
A DUI isn’t just a traffic case. It’s a criminal charge that can affect:
- your job,
- your ability to drive,
- your finances, and
- your record for years to come.
The process can feel intimidating, but it doesn’t have to control your life. With the right approach, many cases can be challenged, negotiated, or reduced.
Make the Right Call
If you’re facing a DUI, OWI, or OVWI charge in Indianapolis, you don’t need guesswork, you need a plan.
The Marc Lopez Law Firm handles DUI and criminal defense cases every day. We know the courts, the procedures, and how to protect your ability to keep working and moving forward.
If you’ve been charged with drunk driving or are under investigation, call the Marc Lopez Law Firm at 463-842-0116 and schedule a consultation.
And remember, always plead the Fifth.
