Arrested for an OVWI in Indianapolis? Here’s What You Need to Know
Have you been arrested for a DUI in Indianapolis?
First, take a breath.
Second, understand this: your case didn’t start when you were booked into jail. It started the moment those police lights appeared in your rearview mirror.
Every decision you make after a traffic stop can affect your criminal case, your driver’s license, and your future. Unfortunately, many people unknowingly make mistakes that give the State additional evidence to use against them.
The good news is that an arrest is not a conviction.
If you’ve been charged with an Indiana DUI—more accurately called an OVWI (Operating a Vehicle While Intoxicated)—there are steps you can take to protect yourself. Just as importantly, there are mistakes you should avoid.
In Indiana, DUI Is Called OVWI
Many people use the terms DUI, DWI, drunk driving, and OVWI interchangeably.
In Indiana, the formal charge is Operating a Vehicle While Intoxicated (OVWI) under Indiana Code Chapter 9-30-5-1.
To obtain a conviction,
Under Indiana Code § 9-30-5-1, the State must prove that the defendant:
- Operated a vehicle; and
- Had an alcohol concentration equivalent (ACE) of:
- At least 0.08 but less than 0.15; or
- 0.15 or more.
Indiana law defines “intoxicated” under Indiana Code 35-46-9-2 as being under the influence of alcohol, a controlled substance, or another intoxicating substance to the extent that there is an impaired condition of thought and action and a loss of normal control of a person’s faculties.
In other words, the State still has work to do. A charge is merely an allegation.
What Should You Do During a DUI Traffic Stop?
The first few minutes of a traffic stop are often some of the most important moments in a drunk driving investigation.
When an officer approaches your vehicle, they are doing more than asking for your license and registration.
They are observing:
- How quickly you respond
- Whether you fumble with documents
- Your speech patterns
- Your coordination
- Your demeanor
- Any statements you make
Law enforcement officers receive extensive training in DUI investigations. Many of their questions are designed to gather evidence.
Don’t Try to Talk Yourself Out of It
One of the most common mistakes people make is trying to explain their way out of a stop.
Consider a typical exchange:
“Have you been drinking tonight?”
“No.”
“Are you sure? I smell alcohol.”
“Well, maybe I had one drink.”
Now the officer potentially has an admission.
The reality is simple. If an officer has already initiated a stop, they generally believe they have a reason to investigate further. Attempting to convince them otherwise rarely helps.
Don’t Talk Yourself Into Trouble Either
That doesn’t mean you should be rude or combative.
Remain polite.
Answer the questions you are legally required to answer.
Then stop talking.
Many people feel compelled to fill silence with additional information. In criminal investigations, that is rarely beneficial.
As we often tell clients: you cannot give the State evidence you never provide.
Remember: An OVWI Charge Is Not a Conviction
A surprising number of people assume their case is already over once they are arrested.
It isn’t.
An arrest means law enforcement believes a crime occurred.
A charge means the State has filed allegations.
Neither means you are guilty.
There may be issues involving:
- The legality of the traffic stop
- Field sobriety testing
- Chemical testing procedures
- Probable cause
- Witness credibility
- Video evidence
- Constitutional violations
Every OVWI case is different, which is why it is important to have a criminal defense attorney evaluate the facts before making any decisions about your case.
Stay Off Social Media
This advice cannot be overstated.
If you’ve been arrested for drunk driving, do not post about it online.
Do not post:
- Explanations
- Apologies
- Photos
- Videos
- Comments
- Updates about the incident
Facebook, Instagram, TikTok, X, and other social media platforms create permanent records that can potentially be reviewed by prosecutors.
Even seemingly innocent posts can create problems.
If you need to discuss your case, discuss it with your attorney.
That’s it.
Your Driver’s License Is Immediately at Risk
For many people, the biggest concern after an OVWI arrest isn’t jail.
It’s driving.
Indiana’s implied consent laws, found in Indiana Code Chapter 9-30-6-1, create significant consequences for drivers following a DUI arrest.
When you obtain an Indiana driver’s license, you effectively agree to submit to chemical testing under certain circumstances.
Depending on the facts of your case, you may face:
- Administrative license suspensions
- Court-ordered suspensions
- Refusal suspensions
- SR-22 requirements
- Ignition interlock requirements
The Bureau of Motor Vehicles (BMV) moves quickly.
Unfortunately, many people wait too long to hire a criminal defense attorney and discover that fixing a license issue after the fact is much harder than preventing the problem in the first place.
Why Hiring a Criminal Defense Attorney Early Matters
One of the most costly mistakes people make is waiting until their first court date to hire a lawyer.
We hear it all the time:
“My hearing isn’t for another month.”
“I’ll call someone closer to court.”
“I want to see what happens first.”
That’s usually a mistake.
Evidence Doesn’t Last Forever
Many OVWI arrests occur near:
- Restaurants
- Gas stations
- Shopping centers
- Convenience stores
- Traffic intersections
These locations often have surveillance systems.
The problem?
Many recordings are automatically overwritten.
Potentially valuable evidence can disappear in a matter of days.
The sooner an attorney becomes involved, the sooner steps can be taken to preserve evidence.
Early Action Can Help Protect Your Driving Privileges
License-related issues often begin long before your criminal case is resolved.
A criminal defense attorney can begin addressing:
- BMV concerns
- Suspension issues
- Administrative proceedings
- Specialized driving privilege options
Waiting until your first court date can mean valuable opportunities have already been lost.
What Happens at the Initial Hearing?
After charges are filed, the court schedules what is known as an initial hearing.
At this hearing, the judge generally:
- Advises you of the charges
- Explains possible penalties
- Enters a not guilty plea
- Schedules future court dates
The initial hearing is usually brief.
What happens before the hearing often matters far more.
If your attorney has already begun investigating the case, preserving evidence, and reviewing discovery, you’ll be in a much stronger position moving forward.
What Happens After the Initial Hearing?
Following the initial hearing, the case typically enters the investigation and negotiation phase.
This may include:
- Discovery review
- Video analysis
- Witness interviews
- Depositions
- Motion practice
- Negotiations with prosecutors
During this process, your attorney evaluates the strengths and weaknesses of the State’s case.
The goal is to gather every available piece of information before making critical decisions.
How Do Most OVWI Cases End?
Despite what many people believe, there are generally only two ways an OVWI case reaches a conclusion.
Option One: An Agreement
Sometimes the defense and prosecution reach a negotiated resolution.
Whether that is appropriate depends entirely on the facts of the case.
Option Two: Litigation or Trial
Sometimes the best option is to challenge the State’s evidence.
This may involve:
- Motions to suppress
- Evidentiary hearings
- Bench trials
- Jury trials
Every case is unique.
The important thing is having enough information to make an informed decision.
A good criminal defense attorney helps clients reach that decision point with a complete understanding of their options.
Don’t Wait to Get Help
If you’ve been arrested for a DUI, OVWI, or drunk driving offense in Indianapolis, don’t assume the case will take care of itself.
Don’t wait until the week before court.
Don’t assume the evidence will still be there.
Don’t assume your driver’s license will sort itself out.
Most importantly, don’t assume that being charged means you’re guilty.
An OVWI charge is an allegation.
The question is what you do next.
Make the Right Call
At the Marc Lopez Law Firm, we handle OVWI, DUI, and drunk driving cases throughout Indianapolis and Central Indiana. We understand the criminal charges, the driver’s license consequences, and the stress that comes with being accused of a crime.
Our team works quickly to preserve evidence, protect driving privileges, investigate the facts, and build the strongest defense possible.
If you or a loved one has been arrested for an OVWI, DUI, or drunk driving offense, call the Marc Lopez Law Firm today at 463-283-7387.
The sooner we get involved, the more options you may have.
And remember—always plead the 5th.
