You’ve heard of DUI. Maybe even OWI. But if you’ve been charged in Indiana, chances are you’re dealing with something called an OVWI. It stands for Operating a Vehicle While Intoxicated, and it covers everything from weaving in your lane to full-blown crashes. Whether it’s your first offense or your fourth, we’ve got answers to the questions people ask us all the time.
What’s the Difference Between OVWI, DUI, and OWI?
Spoiler alert: There’s no meaningful difference.
- DUI (Driving Under the Influence) is what you hear in movies and from friends in other states.
- OWI (Operating While Intoxicated) is just another term that means essentially the same thing.
- OVWI (Operating a Vehicle While Intoxicated) is Indiana’s term of choice.
Indiana focuses on the word operating because you don’t actually have to be driving to get arrested. If you’re behind the wheel, engine running, keys in the ignition—or even just parked in a drive-thru line—that’s operating, and that’s all it takes. The law here casts a wide net, and you’d be surprised how many people get caught up in it without ever hitting the gas.
What Are the Real Penalties for an OVWI / DUI in Indiana?
Let’s not sugarcoat it: the penalties can go from annoying to absolutely life-altering.
- Class C Misdemeanor: This is where many first-time offenders land. It’s the lowest-level criminal charge in Indiana. If your BAC is under 0.15 and you didn’t endanger anyone, this is your starting point. Max penalty? 60 days in jail and a $500 fine.
- Class A Misdemeanor: If your BAC hits 0.15 or you were driving like a menace—endangering yourself or someone else—you’re now facing up to a year in jail and a $5,000 fine.
- Level 6 Felony: Welcome to felony territory. You get here by:
- Having a prior OVWI within the last seven years
- Driving with a child under 18 in the vehicle These charges can come with up to two-and-a-half years in prison and a $10,000 fine.
- Level 5 Felony: If someone gets hurt in an OVWI crash, it’s a Level 5. That can mean up to six years in prison. It used to be a Level 6, but lawmakers decided that wasn’t enough.
- Level 4, 3, or higher: If there’s a fatality, the charges can go all the way up the felony ladder. You’re now looking at serious prison time, and possibly even more depending on circumstances.
This isn’t Monopoly—you don’t just pass Go and pay a fine. The consequences are real, and they don’t end when the court case is over.
What Does “Implied Consent” Actually Mean?
Here’s the deal: if you drive in Indiana, you’ve already agreed to chemical testing if the police think you’re intoxicated. That’s what “implied consent” means.
When cops stop you and say they have probable cause, they’re going to ask, Do you now consent to a chemical test? The only good answer is yes.
Why? Because if you say no:
- Your license gets suspended automatically for 1 year (first-time refusal) or 2 years (repeat offender).
- The cops will more than likely get a search warrant and take your blood anyway.
So you’ve just added a second suspension for refusing—and they still got the evidence they were after. It’s the legal equivalent of tripping over your own shoelaces and face-planting in court.
What Are Field Sobriety Tests, and Do They Matter?
You’ve seen them on TV—walking in a straight line, balancing on one leg, following a pen with your eyes. Here’s the breakdown:
- Horizontal Gaze Nystagmus (HGN): Eye movement test. The officer watches for tiny jerks in your eye when you track a stimulus. Sounds scientific—until you realize it’s happening roadside, in the dark, with flashing lights in your face.
- Walk-and-Turn: Take nine heel-to-toe steps, pivot, and do it again—exactly how the officer says, or it counts against you.
- One-Leg Stand: Lift one foot six inches off the ground and count. Don’t sway, don’t hop, and don’t mess up the count.
These aren’t just balance tests—they’re tests to see if you follow instructions under pressure. But guess what? They’re far from perfect. Old injuries, anxiety, being overweight, or wearing the wrong shoes can throw off your performance.
There are also non-standardized tests—like counting backwards or reciting the alphabet out of order. These don’t carry the same legal weight, but cops might still use them as “evidence” of impairment.
What Is BAC / ACE and How Is It Measured?
BAC = Blood Alcohol Concentration
ACE = Alcohol Concentration Equivalent
Both are ways of measuring how much booze is in your system. It can be tested via:
- Breath: 210 liters of air
- Blood: 100 milliliters of blood
Here’s the math:
- 0.08% BAC or ACE is the legal limit for most adults.
- 0.15% or more? Now we’re talking Class A misdemeanor territory.
- Commercial drivers? The limit is 0.04%, because you’re held to a higher standard.
- Under 21? The limit is 0.02%.
Important note: 0.15% does not mean 15% of your blood is alcohol. That would probably kill you. It means 0.15% of your blood volume contains alcohol—enough to impair your judgment, reaction time, and coordination.
What Happens to My License if I’m Convicted?
It depends on a few key things:
- Indiana License? Good news: We can usually work with the BMV and ask for specialized driving privileges. You may be able to keep driving to work, school, and medical appointments—even while your license is technically suspended.
- Already Suspended? Even better. Any suspension time before conviction counts toward your penalty. You might already be halfway done before the court even rules.
- CDL (Commercial License)? Unfortunately, specialized driving privileges don’t apply. If your regular license is suspended, your CDL is toast. No workarounds. It’s harsh, but it’s written into law.
- Out-of-State License? An Indiana judge can’t touch it. If you’re from Illinois, Ohio, or anywhere else, we can’t give you privileges. You’ll need to check with an attorney back home.
Bottom line? We’ll fight to keep you behind the wheel if the law allows it. Just know there are some battles we can’t win—because the law won’t let us.
How Do You Fight an OVWI / DUI Charge?
Here’s where having the right team makes a difference.
At the Marc Lopez Law Firm, we treat every OVWI case like a puzzle. We want to know:
- Was the traffic stop legal?
- Were field tests administered correctly?
- Was the chemical test done by the book?
- Did the officer follow proper protocol at every step?
We know what to look for because we’ve been on both sides of the courtroom. We’ve prosecuted these cases. We’ve defended them. We know the playbook.
Even if everything seems by-the-book at first glance, that doesn’t mean it was by the book. Let us take a deeper look. That’s how you find cracks in the case—and that’s how you fight back.
Make The Right Call
If you’ve been charged with OVWI / DUI in Indiana, you don’t have to go it alone. We’ll walk you through your options, fight for your license. Call the Marc Lopez Law Firm at 463-307-0761, and remember—always Plead the Fifth!