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Most people charged with DUI didn’t start their night planning to get arrested. Maybe it was dinner with friends. Maybe it was a couple beers at the game. Then the next morning you’re waking up on a concrete bench under the harsh lights of a holding cell.
It’s a frightening moment, and the questions come fast:
This guide explains exactly what you’re facing under Indiana’s drunk driving laws and what you can do right now to protect your future.
Different states use different names:
In Indiana, the official term is OVWI, but all three mean the same thing: you’re accused of operating a vehicle while impaired by alcohol, drugs, or a combination of both.
The label doesn’t change the consequences.
For most adults, Indiana’s legal limit is 0.08 BAC. But that number changes fast depending on who you are and what you drive:
If you’re driving a commercial vehicle, the limit drops to 0.04. Truck drivers face some of the harshest consequences in the state, because commercial driving is regulated at the federal level.
There’s zero tolerance. A BAC of 0.02 can get you arrested for OVWI.
This surprises many people:
You can get an OVWI even if you blow 0.00.
If the officer believes you’re impaired by:
…you can still be charged. Drug-based OVWIs are harder for the State to prove, but they’re absolutely real and they carry the same penalties.
A DUI investigation is like a checklist. Officers are trained to look for certain signs, and once they check enough boxes, the arrest is coming.
Here’s how it usually goes.
You’re required to hand over your license and registration. This is not the time to argue. The officer is studying you from the moment your window rolls down.
They look for:
Any of these can lead to the next step.
Indiana uses three standardized tests:
These tests are difficult even for sober people, and officers know it. If they think you’re impaired at all, they’re moving forward.
This is the small handheld device they carry in their cruiser. It only detects presence of alcohol. The number from a PBT is not admissible in court, but officers use it as one more box to check.
And even if you blow zero, the officer can still arrest you if they believe drugs or prescription meds are involved.
This is the big one. This test actually counts.
Indiana allows two types of certified chemical tests:
This is the large machine at the police station. If the officer thinks alcohol is involved, this is usually the test they choose.
More officers use blood tests now because:
If the officer thinks drugs are involved, even prescriptions, they’re going to ask for blood.
Before giving the certified test, the officer reads from a small card called the Implied Consent Warning.
You’ll hear something like:
“ I have probable cause to believe that you have operated a vehicle while intoxicated. I must now offer you an opportunity to submit to a certified chemical test and inform you that your failure to submit to a chemical test will result in the suspension of your driving privileges for one (1) year. If you have a prior conviction, your driving privileges will be suspended for two (2) years. Will you now take a test?”
This moment is where people often panic.
And the panic creates the problem.
The officer marks it down, and your license is automatically suspended.
So the State ends up with:
It’s the worst of both worlds.
Whether you can drive depends on:
If you refused, many counties will not allow you to drive at all, even for work. Some counties allow an ignition interlock device, but most judges are not comfortable with it.
If you submitted, your chances of obtaining limited driving privileges while the case is pending go up significantly, but it is still not guaranteed.
Dealing with one’s driver’s license immediately after an arrest is one of the biggest reasons to hire an attorney right away.
People often try to treat a first-time DUI like a traffic ticket.
It isn’t.
A DUI is one of the most technical criminal charges in Indiana. There are dozens of possible defenses, but none of them matter unless someone who knows the law is fighting for you.
A strong DUI defense looks at:
These aren’t details you can spot on your own. And if you miss one, the State won’t.
The Marc Lopez Law Firm has built its reputation on fighting DUI cases. Our attorneys know the tests, the machines, the procedures, and the weaknesses that officers don’t want to talk about.
Even a misdemeanor OVWI can result in:
And if you drive for a living?
A CDL?
A professional license?
The consequences multiply fast.
If you’ve been arrested for DUI or OVWI in Indiana, do not wait until your first court date. The decisions you make in the first 48 hours can make or break your case.
The Marc Lopez Law Firm handles drunk driving cases every single day. We know the courts. We know the judges. We know the science. And we know how to protect your future.
Call us at 463-276-5737.
We’re here to help.
And remember Always plead the 5th.