If you’ve been charged with drunk driving in Indiana, you need to understand something right away: this is not just a ticket. It’s not a minor offense that will quietly go away. In fact, an Indiana DUI or, as it’s legally called, Operating a Vehicle While Intoxicated (OVWI), can carry serious criminal consequences, even if no one was hurt and you were pulled over on an empty road.
Let’s break it down.
OWI, DUI, OVWI: What’s the Difference?
In Indiana, the legal term is Operating a Vehicle While Intoxicated (OVWI), but you’ll hear it called DUI, DWI, OUI, or OWI. They all refer to the same thing here. Whether someone says “drunk driving” or “DUI,” they’re talking about OVWI under Indiana law.
How Serious Is a DUI in Indiana?
A first-time DUI can start as a Class C misdemeanor, punishable by up to 60 days in jail. But it doesn’t take much for it to escalate. If your driving is considered dangerous, what the law calls endangerment, that same charge becomes a Class A misdemeanor, which carries up to one year in jail.
And remember, no one has to actually be hurt for you to face the more serious charge. All it takes is behavior the court considers dangerous.
What Counts as “Endangerment”?
In Indiana, endangerment is the factor that can turn a lower-level charge into something much more serious. But what does that mean?
Examples of behavior that might be considered endangerment:
- Swerving or weaving in and out of lanes
- Speeding or reckless turns
- Lane changes without signaling
- Touching or crossing the center line
- Rolling through a stop sign
You don’t need to crash or nearly hit someone. The law allows for the idea of a “hypothetical person” meaning if your driving could have endangered someone who might have been on the road, that can be enough. It’s not about actual harm. It’s about risk.
This makes endangerment both powerful and frustrating. It’s a key area where a good criminal defense attorney can step in and challenge the charge.
Not Everything Qualifies as Endangerment
Let’s be clear: not all traffic violations are endangerment.
- A busted taillight? Equipment violation.
- Getting stopped at a sobriety checkpoint? Not automatically endangerment.
These details matter. Police and prosecutors may try to lump everything together, but the law still requires evidence. That’s where an experienced criminal defense lawyer can make a big difference. At the Marc Lopez Law Firm, we look at every angle, every element, and every fact to challenge the charges against our clients.
The Role of Your Blood Alcohol Content (BAC)
In Indiana, if your BAC is between 0.08 and 0.15, that’s a Class C misdemeanor. But if your BAC hits 0.15 or higher, it becomes a Class A misdemeanor, even if your driving wasn’t dangerous.
Here’s the kicker: DUI charges in Indiana usually involve two separate crimes:
- Operating while intoxicated (based on behavior)
- Operating with a BAC above the legal limit (based on the test)
You can be convicted of both, though you’ll only be sentenced on one. Still, both convictions go on your record. It’s confusing. It’s messy. And it’s exactly why you need a legal team that knows how to sort through the details.
Every DUI Case Involves Multiple Moving Parts
DUI cases in Indiana aren’t cut-and-dried. They involve:
- Legal interpretation of traffic laws
- Scientific analysis of breath or blood tests
- Police reports and officer observations
- Witness credibility (or lack thereof)
At the Marc Lopez Law Firm, we challenge every part of the state’s case. We examine whether:
- The traffic stop was lawful
- The officer correctly administered the test
- There were witnesses and whether they’re reliable
- The driving actually fits the definition of endangerment
Why Your Attorney Matters
You can’t afford to assume the worst or hope for the best. DUI charges carry jail time, fines, license suspension, and a permanent criminal record. The right attorney can mean the difference between a conviction and a second chance.
At the Marc Lopez Law Firm:
- Drunk driving defense is a core part of our work
- Every lawyer here is trained in OWI/DUI cases
- We fight because we care about our clients’ futures
We take the time to break down your case and look for every possible defense. Our job is to make the state prove its case beyond a reasonable doubt—and we’re relentless in making sure they do.
Key Takeaways
- Indiana treats DUI/OWI charges seriously. These are criminal offenses, not tickets.
- Endangerment turns a minor charge into one with major jail time.
- A high BAC (0.15 or above) can raise the charge even without bad driving.
- Every case is unique. That means every case has defense opportunities.
- The right attorney can help fight the charges, reduce the penalties, or even get the case dismissed.
Charged with Drunk Driving in Indiana? We Can Help.
Don’t make the mistake of thinking a DUI is no big deal. If you’re facing charges for OWI, DUI, or drunk driving, you need to take action now.
The Marc Lopez Law Firm has built its reputation by defending good people accused of bad things. We fight for our clients because we believe in second chances.
Call us today at 463-222-0793 to schedule a free consultation. We’ll walk you through your options and help you decide what to do next.
And remember: always plead the Fifth.
