Indiana DUI / DWI Defense: On-Duty Officer Acquitted

An Indiana police officer, on duty at the time, was charged with DUI / DWI (OWI)—including allegations consistent with drugged driving—and a jury found NOT GUILTY on all counts. The defense team from The Marc Lopez Law Firm—Naun Benitez and Zac Bailey—showed the evidence didn’t meet Indiana’s burden of proof.

Redacted Copy of the jury verdict 

Key Takeaways for Indiana DUI / DWI (OWI) Cases

• Presumption of Innocence is real. Media coverage isn’t evidence.
  
• Evidence quality controls outcomes. Field tests, video, and lab work must be accurate and reliable.
• Drugged driving is highly technical. Presence of a substance ≠ legal impairment; timing, dosage, and lab protocols matter.
• Trial skill matters. Cross-examination and experienced-driven defense can reveal gaps the public never sees.

Trial Team: The Marc Lopez Law Firm’s Naun Benitez and Zac Bailey led the defense and tried the case to a Not Guilty verdict.

Indiana Uses “OWI,” But People Search “DUI / DWI”

Indiana statutes use OWI (Operating a Vehicle While Intoxicated). Most people—and search engines—say DUI / DWI. Practically, we’re talking about the same idea: alleged impairment by alcohol, drugs, or both. If you’re searching for Indiana DUI / DWI Defense or information on drugged driving, you’re in the right place.

How Weak Evidence Leads to Not Guilty

Every case is unique, but these recurring issues often decide DUI / DWI trials:

1) Field Evidence That Doesn’t Prove Impairment

Roadside observations can be influenced by fatigue, nerves, medical conditions, weather, or lighting. Standardized field sobriety tests must be administered and interpreted correctly. Body-cam and dash-cam footage can cut both ways—and often exposes inconsistencies.

2) Drugged Driving Requires Real Science

Toxicology in drugged driving cases is complex. The presence of metabolites in blood or urine doesn’t automatically show current impairment at the time of driving. Calibration records, chain of custody, sample handling, and reporting thresholds all matter.

3) Timeline Problems

Delays between the stop, testing, and observed behavior can break the causal link the State must prove. Jurors look for credible timing that connects alleged impairment to the act of operating the vehicle.

4) Burden of Proof

Indiana requires proof beyond a reasonable doubt. If the State’s case leaves reasonable questions unanswered, jurors must acquit—no matter the headlines.

What This Verdict Means for Indiana Drivers

• High-profile doesn’t mean hopeless. Even when the accused is a police officer on duty, juries judge the evidence, not the optics.
• Drugged driving defenses work when grounded in science. Experienced analysis can dismantle weak toxicology and unreliable “impairment” inferences.

Trial-ready strategy matters from Day 1. Early investigation preserves videos, dispatch audio, lab data, and witnesses that can change the outcome.

FAQs: Indiana DUI / DWI & Drugged Driving

Is DUI / DWI the same as OWI in Indiana?
Yes. Indiana charges OWI, but most people say DUI / DWI. The practical defenses overlap.

Can someone be charged while on duty?
Yes. The law applies to everyone. But allegations still require proof beyond a reasonable doubt.

What turns a drugged driving case?
Science. Accurate toxicology, proper procedures, and credible timelines. Presence alone isn’t impairment.

Do I need a lawyer for a first offense?
Absolutely. Early defense steps can preserve evidence and shape negotiations—or a trial.

Our Approach to DUI / DWI Defense in Indiana

At The Marc Lopez Law Firm, our trial teams—including Naun Benitez and Zac Bailey—build cases with four pillars:

1. Investigation: Body-cam/dash-cam review, dispatch logs, lab files, training manuals.
   
2. Science: Independent review of toxicology, calibration, and collection protocols.
3. Story: Clear, lawful explanation that aligns with the evidence jurors actually see.
4. Trial Execution: Focused motions, sharp cross-examination, and persuasive closing.

That’s how we defend Indiana DUI / DWI and drugged driving cases—whether low-profile or under a media spotlight.

What To Do After a DUI / DWI Arrest in Indiana

1. Act quickly. Preserve videos and records before they disappear.
2. Write it down. Medications, medical issues, sleep, food, and timing details matter.
3. Don’t assume the worst. Weak cases get dismissed or beaten at trial.
4. Talk to a trial-ready lawyer. Strategy now affects your options later.

Don’t Wait, Call Today

Facing Indiana DUI / DWI or drugged driving charges? Talk with a trial-ready team.

The Marc Lopez Law Firm
Call 463-946-0521 • Free consultation • Available 24/7