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When you’re arrested for drunk driving in Indiana, one of the first questions people have is simple:
“Is a DUI worse than a DWI?”
Here’s the truth: In Indiana, it’s a trick question—because there is no difference between DUI and DWI.
Other states love their acronyms. Some have DUI, others have DWI, OUI, OWI, or an entire menu of terms that all mean roughly the same thing. Indiana does nothing of the sort. Indiana keeps it simple.Sort of.
The actual criminal charge in Indiana is Operating a Vehicle While Intoxicated, sometimes written as OVWI or OWI. It’s more technical, less conversational, and definitely not something people say in everyday life. So when people call it a “DUI,” we get it. Most attorneys, including everyone at the Marc Lopez Law Firm, use the term DUI in conversation, because clients understand it immediately.
That doesn’t change the underlying reality: DUI, DWI, OUI, OWI, and OVWI all point to the same charge in Indiana. If you’re facing any version of these terms on paperwork, online, or in conversation, you’re dealing with Indiana’s drunk driving law.
And if you’ve been arrested, you need to understand exactly what that means.
One reason Indiana’s terminology feels so clunky is because the law wants to cover more than just “driving.”
You don’t have to be speeding down the highway.
You don’t even have to be moving.
If the State can prove you were operating, in control of, or capable of putting a vehicle into motion, you can be charged. People are arrested for OWI while sitting in parked cars. People are arrested after “sleeping it off” in the driver’s seat. If the keys are accessible, or worse, in the ignition, the State may claim you were operating.
Indiana uses the term “operating” on purpose because it gives prosecutors more room to argue that someone was in control of a vehicle.
So yes, OVWI may sound technical, but when your freedom and your future are on the line, the details matter.
Every week, someone calls our office and says something like:
“But I used to live in Wisconsin and a wet reckless is different than a DUI!”
“Marc, OWI is different than DWI where I’m from!”
And that may be true in other states.
But Indiana is not Wisconsin.
Indiana is not Ohio.
Indiana is not Kentucky, Illinois, or Michigan.
Each of the 50 states can create its own criminal code. So one state might split hair-thin distinctions between DUI and DWI, while another might have no distinction at all. Indiana chooses the simplest path: one set of terms, one set of rules.
If you’re charged in Indiana, the only definitions that matter are Indiana’s.
Whether the paperwork says DUI, OWI, or OVWI, the State must prove the same core elements:
This is about control, not movement. Prosecutors only need enough facts to argue you could put the vehicle into motion or otherwise had control.
Indiana defines “vehicle” broadly—cars, trucks, motorcycles, golf carts, bicycles, even motorized coolers can count. If it transports someone on land, air or water, it’s probably a vehicle.
Timing matters. You must be intoxicated at the same time you were operating. Indiana gives itself a legal shortcut: if police get a certified chemical test within three hours of actual operation, that test creates a presumption that you were intoxicated while operating.
Indiana defines intoxication as an impaired condition of thought and action caused by alcohol, drugs, or any substance other than food, tobacco, or a dietary supplement.
A chemical test result of 0.08 or higher creates a rebuttable presumption of intoxication.
When you see all four elements laid out, it becomes clear why Indiana doesn’t lose sleep over acronyms. Legally, it all funnels into the same framework.
Whether the officer wrote DUI, DWI, or OWI, the consequences in Indiana are the same. These cases are serious, and even a first-time drunk driving conviction can follow you for years:
And that’s before we talk about what happens if there was an accident, a minor in the car, or a prior conviction.
This isn’t a traffic ticket.
A drunk driving charge is a criminal offense, and you should treat it like one.
Search engines love clear questions and clear answers. More importantly, clients deserve straightforward information. Here are some of the questions we hear the most:
It can be. First-time DUIs are typically misdemeanors, but prior convictions, minor passengers, or injuries can turn the case into a Level 6 felony or worse.
Possibly. The State must prove “operating.” Cases involving parked cars, sleeping drivers, and unclear timelines often turn on this element.
You can, but you shouldn’t. Refusing automatically suspends your driver’s license for at least a year and prosecutors can still get a warrant for a blood draw.
Yes. It can sometimes be expunged after a waiting period, but that depends on the facts of your case.
Yes. You’re up against the State of Indiana. Prosecutors are trained to build cases, not to go easy on people.
A drunk driving case is not one-size-fits-all. At the Marc Lopez Law Firm, we start with a simple question:
What actually happened?
Then we dig.
We look at timing.
We look at test procedures.
We look at probable cause.
We look at the legality of every police action from the moment lights went on behind you.
Strong DUI defense often comes down to uncovering what the State overlooked or assumed. Things like:
When your driving privileges, your job, and your freedom are at risk, you need more than someone who dabbles in criminal defense. You need a team whose focus is fighting criminal charges—every day, for real people facing real consequences.
DUI cases move quickly in Indiana.
Deadlines matter.
Paperwork matters.
Your ability to challenge a license suspension can disappear in days, not weeks or months.
If you wait, you lose options.
If you act fast, we can protect your rights and push back where the State’s case is weakest.
Only talk about your case with your attorney. That is it.
Even innocent explanations can be used against you. Calling us protects you from making avoidable mistakes.
Not next week.
Not after your court date.
Now.
The earlier we get involved, the more we can do.
If you’re searching online because you or someone you care about is facing a drunk driving charge, you’re probably dealing with fear, stress, and uncertainty. That’s normal.
You don’t have to figure this out alone.
The Marc Lopez Law Firm helps people charged with DUI every single day. We know the law, we know the courts, and we know the strategies that actually make a difference in Indiana OWI cases.
When your job, your driver’s license, and your future are at stake, make the right call.
A DUI arrest can make you feel like everything is already decided—but it isn’t. You still have rights, defenses, and options. The key is acting quickly and choosing the right team to stand between you and the power of the State.
If you have questions about DUI, OWI, OVWI, or any intoxicated driving charge in Indiana, call the Marc Lopez Law Firm at 463-842-0116.
We’ll walk you through your options, explain your rights, and fight to protect your future.
And remember—always plead the 5th.