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f you’ve been arrested for drunk driving in Indianapolis or anywhere in Indiana, you’ve probably seen the charge OVWI instead of the more familiar DUI. That difference is not accidental, and it’s more important than most people realize.
Indiana handles intoxicated driving differently than many other states. Understanding how OVWI works, and how it differs from a traditional DUI, can make a real difference in how you approach your defense.
DUI stands for Driving Under the Influence. It’s the term most people across the country use when talking about drunk driving.
Indiana, however, uses OVWI, which means Operating a Vehicle While Intoxicated.
At first glance, that might sound like a technical distinction. In practice, it expands the State’s power to arrest and charge drivers in several important ways.
In many states, people assume one thing:
If I’m under a 0.08 blood alcohol concentration, I’m fine.
That assumption can get you into serious trouble in Indiana.
While 0.08 is still the legal benchmark used to establish intoxication, Indiana law does not require a BAC of 0.08 or higher to charge someone with OVWI.
Under Indiana law, intoxication is about impairment, not just numbers. If an officer believes, based on training and experience, that alcohol or drugs have impaired your ability to safely operate a vehicle, that can be enough.
Consider this real-world example:
Indiana courts recognize that people process substances differently. That means you can be charged with OVWI even if your BAC is under the legal limit.
Another major difference between OVWI and a traditional DUI is that alcohol is not required.
In Indiana, OVWI applies to impairment caused by any substance, including:
If drugs, legal or illegal, affect your ability to operate a vehicle safely, you can be charged with OVWI even if your blood alcohol concentration is 0.00.
This is one of the main reasons Indiana avoids the term “DUI.” The law is intentionally broader.
Many people are shocked to learn they can face an OVWI charge without actually driving.
In Indiana, operating a vehicle means having actual physical control of it. That can include situations where:
You do not need to be on the road, or even in traffic, to be charged.
This distinction catches a lot of people off guard, especially those who believe they were “doing the right thing” by pulling over.
OVWI cases are rarely as simple as a breath test result.
Because Indiana law allows charges based on officer observations, timing, impairment evidence, and control of the vehicle, every detail matters, including:
These cases are highly fact-specific, and assumptions can be costly.
An OVWI charge can affect your license, your job, and your future, even if it’s your first offense and even if you were under 0.08.
If you or a loved one has been charged with OVWI, DUI, drunk driving, or OVWI involving drugs, now is the time to get answers from a criminal defense attorney who handles these cases every day.
Call the Marc Lopez Law Firm at 463-842-0116 to schedule a consultation.
We’ll walk you through your options, explain what the State has to prove, and help you decide your next move.
And remember, always plead the Fifth.