Arrested for DUI in Indiana? Here’s What Happens Next
Getting arrested for DUI is one of those moments that can turn your life upside down in a matter of minutes.
One minute you’re driving home after dinner, a ballgame, or a night out with friends. The next, you’re sitting in the back of a police car wondering what’s going to happen to your driver’s license, your job, and your future.
If you’ve recently been arrested for a DUI in Indiana—or what Indiana law calls OVWI (Operating a Vehicle While Intoxicated)—you’re probably asking the same question we hear every day:
“What happens now?”
Every case is different, but there is a general roadmap that most Indiana DUI cases follow. Understanding that process can help you avoid costly mistakes and put yourself in the best possible position moving forward.
In Indiana, DUI Is Called OVWI
Let’s start with the basics.
While most people use the term DUI (Driving Under the Influence), Indiana law uses the term OVWI, which stands for Operating a Vehicle While Intoxicated.
Under Indiana Code 9-30-5-1, the State must prove that a person operated a vehicle while intoxicated. Intoxication is defined under Indiana Code 35-46-9-2 as being under the influence of alcohol or another substance in a manner that causes impaired thought, impaired action, or the loss of normal control of a person’s faculties.
In practical terms, the State is trying to prove four things:
- You operated a vehicle.
- You were intoxicated.
- The intoxication existed while you were operating.
- The evidence supports the charge beyond a reasonable doubt.
That sounds simple enough, but there is often a lot more happening beneath the surface.
How Most Indiana DUI Arrests Begin
Most OVWI cases start with a routine traffic stop.
Maybe an officer claims you:
- Drifted within your lane.
- Failed to use a turn signal.
- Ran a stop sign.
- Were speeding.
- Had a broken taillight.
Once the officer approaches the vehicle, they’re looking for signs of intoxication.
Common observations include:
- Odor of alcoholic beverages.
- Bloodshot or glossy eyes.
- Slurred speech.
- Confusion or delayed responses.
- Difficulty locating documents.
If the officer believes further investigation is necessary, you may be asked to step out of the vehicle and perform field sobriety tests.
From there, the officer may request a breath test or blood test.
If the officer believes the evidence supports intoxication, an arrest usually follows.
What Happens After You’re Arrested?
Most people arrested for a first-time DUI in Indiana are transported to a local jail for booking.
The booking process generally includes:
- Photographing and fingerprinting.
- Recording personal information.
- Processing paperwork.
- Entering charges into the system.
For many first-time offenders, the stay in jail is relatively short.
It’s common for people to spend anywhere from 12 to 24 hours in custody before being released.
In many counties, a first-time DUI defendant is released on their own recognizance, often called an OR release. This means you’re released while promising to return to court at a later date.
Before leaving jail, you’ll typically receive information about your next court appearance.
Why Your First Court Date Matters
Many people assume the first court appearance is just a formality.
That’s a mistake.
Your initial hearing may be the most important court date in your entire DUI case.
One of the biggest reasons is your driver’s license.
At the initial hearing, prosecutors often ask the court to suspend your driving privileges while the case is pending.
If you walk into court without an attorney, you may not know what options are available to protect your ability to drive.
An experienced criminal defense attorney can often begin working on strategies designed to keep you legally driving while the case moves forward.
For many people, that means the difference between:
- Keeping a job.
- Getting children to school.
- Attending medical appointments.
- Managing everyday responsibilities.
What If the State Hasn’t Filed Charges Yet?
Here’s something that surprises a lot of people.
Just because you’ve been arrested doesn’t necessarily mean formal charges have already been filed.
After an arrest, law enforcement submits reports and evidence to the prosecutor’s office.
The prosecutor then decides whether criminal charges should be filed.
Some counties file charges immediately based on the officer’s probable cause affidavit.
Others wait for toxicology results before making a final charging decision.
That waiting period can last:
- Several weeks.
- Several months.
- Occasionally even longer.
If the State delays filing charges, you may appear for a scheduled court date only to discover that no formal case has been filed yet.
When that happens, you’re usually sent home to wait.
Eventually, if charges are filed, you’ll receive notice to return to court.
Understanding Indiana’s Implied Consent Law
One of the most important statutes in any Indiana DUI case is Indiana Code 9-30-6-1.
This section contains Indiana’s implied consent laws.
The basic idea is straightforward:
When you operate a vehicle in Indiana, you have already agreed to submit to chemical testing if law enforcement has probable cause to believe you were operating while intoxicated.
That’s why chemical test refusals carry serious consequences.
What Is a Refusal?
A refusal occurs when a driver declines to submit to a chemical test requested by law enforcement.
Many people assume refusing a test helps their case.
In reality, it often creates additional problems.
Under Indiana Code 9-30-6-7, a refusal can trigger an automatic driver’s license suspension.
For a first refusal, the suspension is typically one year.
The administrative consequences begin independently of the criminal case itself.
In other words, even before you’re convicted of anything, your ability to drive may already be in jeopardy.
Can You Still Drive After a Refusal?
Possibly.
This is one of the reasons it’s so important to hire a criminal defense attorney early in the process.
While refusal suspensions are serious, there may be legal avenues available that allow a person to continue driving under certain circumstances.
Every county handles these situations differently, and every case presents unique facts. Some counties in Indiana have a blanket refusal for driving with a refusal. In other counties it can depend on which judge your case is assigned to.
The earlier your attorney becomes involved, the more opportunities there may be to protect your driving privileges.
The Discovery Phase of a DUI Case
After the initial hearing, the case typically moves into what lawyers call discovery.
Discovery is simply the exchange of evidence.
During this stage, the prosecution may provide:
- Police reports.
- Body camera footage.
- Dash camera recordings.
- Toxicology reports.
- Breath test results.
- Witness statements.
At the same time, the defense can investigate the case and gather evidence of its own.
An experienced criminal defense attorney may:
- Review body camera footage.
- Analyze chemical testing procedures.
- Examine medical records.
- Consult experts.
- Interview witnesses.
- Take depositions.
A deposition allows attorneys to question witnesses under oath before trial.
This process often reveals information that never made it into the original police report.
Plea Negotiations and Settlement Discussions
Once discovery is substantially complete, prosecutors often extend a plea offer.
As attorneys, we’re required to communicate every plea offer to our clients.
But the decision belongs to the client.
Not the prosecutor.
Not the judge.
Not the attorney.
The client.
A good criminal defense attorney helps explain:
- The strengths of the case.
- The weaknesses of the case.
- Potential defenses.
- Possible penalties.
- Trial risks.
- Plea agreement benefits.
The goal is to provide the information necessary for an informed decision.
Will My DUI Case Go to Trial?
Some cases do.
Many do not.
Eventually, the court will want to know whether the case is resolving through negotiation or whether it needs to be scheduled for trial.
There is no universal answer.
Sometimes trial is the right choice.
Sometimes a negotiated resolution is the better option.
The right decision depends on the facts, the evidence, and the goals of the individual client.
That’s why experienced legal guidance matters.
The Importance of Hiring a Criminal Defense Attorney Early
One of the biggest mistakes people make after a DUI arrest is waiting too long to hire a lawyer.
By the time the initial hearing arrives, important deadlines may already be approaching.
An experienced criminal defense attorney can help:
- Protect your driver’s license.
- Evaluate refusal issues.
- Review the evidence.
- Challenge improper procedures.
- Negotiate with prosecutors.
- Prepare for trial if necessary.
The sooner your attorney begins working on the case, the more options may be available.
Make the Right Call
A DUI arrest does not mean you’re guilty.
It does not mean your case is hopeless.
And it certainly does not mean you should try to navigate the criminal justice system alone.
Whether you’re dealing with a first-time DUI, an OVWI charge, a chemical test refusal, or concerns about your driver’s license, having an experienced criminal defense attorney in your corner can make a tremendous difference.
At the Marc Lopez Law Firm, we help people facing DUI and OVWI charges every day. We understand what’s at stake, and we know how stressful these cases can be for individuals and families.
If you or a loved one has been arrested for DUI, OWI, drunk driving, or OVWI in Indiana, call the Marc Lopez Law Firm at 463-222-0896.
We’ll discuss your options, explain what comes next, and help you build a strategy moving forward.
And remember—always plead the 5th.
