OWI vs. DUI in Indiana: What’s the Difference and Why It Matters for Your Case

If you’ve been arrested for drunk driving in Indiana, one of the first questions you might have is whether you were charged with OWI, DUI, or OVWI, and what that difference means for your future. Many people assume these are separate offenses with different consequences. Under Indiana law, that assumption can be costly.

Here’s the truth: in Indiana, DUI and OWI are the same thing, and misunderstanding that distinction can have serious consequences if you’re facing criminal charges.

OWI, DUI, and OVWI Explained Under Indiana Law

Indiana uses the term OWI, which stands for Operating While Intoxicated. Some charging documents may also use OVWI (Operating a Vehicle While Intoxicated). Other states commonly use DUI (Driving Under the Influence).

Despite the different wording, these terms all describe the same core offense: operating a vehicle while impaired by alcohol or drugs.

The difference is not the behavior, it’s the statutory language chosen by each state.

If you were arrested in Indiana, your charge will be treated as an OWI, even if:

• The arresting officer used the term DUI
• You have prior DUI convictions from another state
• Your previous paperwork says DUI instead of OWI

From a criminal defense standpoint, Indiana courts do not treat DUI as a lesser or different offense than OWI.

Can an Out-of-State DUI Count as an Indiana OWI?

Yes, and this is where many people get caught off guard.

Under Indiana law, prior DUI or OWI convictions from other states can be used to enhance your current charge, even if those convictions did not occur in Indiana.

For example:

• An OWI arrest in Indiana today
• A DUI conviction in Ohio three years ago
• A DUI conviction in Illinois two years before that

Indiana may treat your current case as a third-offense OWI, which significantly increases the penalties.

That can include:

• Increased fines
• Longer driver’s license suspension
• Mandatory jail time
• Potential felony charges

Are All Prior DUI Convictions Automatically Used?

Not always, but you should never assume the state cannot use them.

Indiana prosecutors must show that an out-of-state DUI conviction is substantially similar to Indiana’s OWI statute. This involves analyzing:

• The elements of the other state’s DUI law
• The impairment standard used
• Whether the offense aligns with Indiana law

If the legal requirements are met, prosecutors will attempt to use that conviction to increase penalties. A skilled criminal defense attorney can challenge whether those prior convictions actually qualify.

Why This Matters When Hiring a Criminal Defense Attorney

OWI and DUI cases are not just traffic matters. They are criminal cases with long-term consequences, including effects on your license, employment, and permanent record.

When hiring a criminal lawyer, you need someone who understands:

• Indiana OWI statutes
• How out-of-state DUI convictions are evaluated
• How sentence enhancements work
• When prior convictions can be challenged or excluded

At Marc Lopez Law Firm, we routinely handle OWI and DUI cases involving multiple jurisdictions. Our focus is protecting clients from unfair enhancements and achieving the best possible outcome.

Speak With an Indiana Criminal Defense Attorney Today

If you’re facing an OWI, DUI, or OVWI charge, or if you’re worried about how prior convictions may affect your case, getting accurate legal guidance early is critical.

The Marc Lopez Law Firm is committed to clear communication, strategic defense, and real advocacy for our clients.

Call 463-222-0896 to schedule a consultation and get answers specific to your situation.

And remember: always plead the Fifth.