A night out that ends in flashing lights and handcuffs has a way of making everything feel urgent the next morning. If you were arrested for an OWI, OVWI, or DUI in Boone County, you’re probably asking one question above all others: Am I going to lose my driver’s license?
For most people, driving isn’t optional. It’s how you get to work, take care of your kids, and keep your life running. Understanding what happens after a drunk driving arrest, and what decisions actually matter, can make a real difference in how your case plays out.
DUI vs. OWI in Indiana: What’s the Difference?
In Indiana, what most people call a DUI is legally charged as OWI or OVWI, short for Operating a Vehicle While Intoxicated. The terms are often used interchangeably, but the consequences are very real regardless of the label.
An OWI charge can be based on alcohol, drugs, or a combination of substances. It doesn’t require bad driving or an accident, only that law enforcement believes you were operating a vehicle while intoxicated.
Field Sobriety Tests and Portable Breath Tests
After a traffic stop, officers typically start with standard field sobriety tests, such as:
- Following a pen with your eyes
- Walking heel-to-toe
- Standing on one leg
You may also be offered a portable breath test (PBT) on the roadside. This is the small handheld device officers carry in their vehicles.
Here’s what matters:
The number from a portable breath test cannot be used against you in court. Prosecutors don’t rely on it, and defense attorneys don’t either. Its only purpose is to help the officer decide whether there is probable cause to move forward.
Certified Chemical Tests: Breath or Blood
Once an officer believes there is probable cause for drunk driving, you will be offered a certified chemical test. In Indiana, that means one of two options:
- A certified breath test at the police station
- A blood draw performed by medical personnel
You do not get to choose which test is administered. That decision belongs entirely to law enforcement.
Indiana’s Implied Consent Law Explained
Before the test is given, the officer will read Indiana’s implied consent warning. This is a critical moment.
By driving in Indiana, you have already agreed to submit to a chemical test if an officer has probable cause. If you refuse, or give anything other than a clear, unequivocal “yes”, it is treated as a refusal.
That includes hesitation, conditions, or attempts to argue.
Why Refusing a Chemical Test Is a Big Problem
In Boone County, chemical test refusals are especially damaging. A refusal triggers an automatic license suspension, separate from your criminal case:
- First refusal: 1-year suspension
- Second refusal: 2-year suspension
No specialized driving privileges. No shortcuts. If you refuse, you should expect a period where you simply cannot drive.
That’s why refusals often turn one bad night into a much bigger problem.
The Advantage of Taking the Test
Here’s what surprises most people:
If you consent to the chemical test, it is often possible to keep you driving during the case, even while the DUI charge is pending.
That doesn’t mean the case disappears. It means your criminal defense attorney has options, both in court and with the BMV, to protect your ability to drive while fighting the charge itself.
Refusing the test takes many of those options off the table.
Why Hiring a Criminal Defense Attorney Early Matters
OWI and DUI cases move fast, especially when your license is at stake. Decisions made during the arrest can affect:
- Your ability to drive
- Your job and family obligations
- Your criminal record
An experienced criminal defense attorney knows how to challenge probable cause, testing procedures, and license suspensions, before the damage becomes permanent.
Take Control of the Situation
If you were arrested for OWI, OVWI, or DUI in Boone County, don’t guess about what happens next. The sooner you act, the more control you keep.
Call the Marc Lopez Law Firm at 463-403-1262 to schedule a consultation and get clear answers about your options. We focus on protecting your rights, your license, and your future.
And remember, always plead the Fifth.
