Being charged with a DUI (or as Indiana law calls it, OVWI — Operating a Vehicle While Intoxicated) can feel overwhelming. People often ask:
- Am I going to jail?
- Will I lose my license?
- What does this process even look like?
At the Marc Lopez Law Firm, we built our reputation on defending drunk driving cases. We know how confusing the court process can be, and we’re here to walk you through what to expect — and more importantly, how we can help.
DUI, OWI, OVWI, and DWI: What’s the Difference?
In Indiana, these terms all mean the same thing: operating a vehicle while intoxicated. Whether you hear “DUI,” “OWI,” or “DWI,” the charge is the same under Indiana law.
Step One: The Arrest and Initial Hearing
After a DUI arrest, you’ll either bond out of jail or be released on your own recognizance. Your first court date is called the initial hearing.
At this hearing, the judge will:
- Read the formal charges against you.
- Outline the possible penalties.
- Decide whether to suspend your license.
Here’s the hard truth: If alcohol is involved, it’s almost certain your license will be suspended at this stage — unless your attorney can step in with the right paperwork to preserve your ability to drive.
Can I Still Drive While My DUI Case is Pending?
Maybe. Indiana allows for specialized driving privileges, but whether you get them depends heavily on your county, your judge, and the facts of your case. Some judges are open to it, others aren’t. Some judges require convincing. This is one of the earliest reasons it pays to have an attorney involved.
Why Hiring a Lawyer Early Matters
When you hire an attorney right away, two important things happen:
- You may not have to attend the initial hearing.
For first-time misdemeanors or minor cases, attorneys often waive this hearing. That means you don’t have to miss work or sit in a courtroom just to hear a judge read a piece of paper. - Your lawyer can immediately fight to keep you driving.
Judges have total discretion on whether to allow specialized driving privileges. Having a criminal defense attorney file the right paperwork early can make the difference between driving to work and relying on rides for months.
Step Two: Pretrial Conferences
After the initial hearing, the court schedules what’s called a pretrial conference.
Traditionally, this was a time for attorneys, judges, and prosecutors to meet in person. These days, many counties allow attorneys to handle pretrials informally — by phone, email, or filing paperwork.
At a pretrial, you typically won’t say much, if anything. Your lawyer handles the conversations. These conferences exist to:
- Address discovery (like getting bodycam or dashcam footage).
- Update the judge on the progress of the case.
- Keep the case moving toward resolution.
Depending on your county, you might not even need to attend.
Step Three: Status Conferences and Ongoing Hearings
As your case moves forward, the court may schedule additional hearings — sometimes called status conferences, progress hearings, or preliminaries.
These are usually quick updates:
- Is discovery complete?
- Are there motions pending?
- Is the case moving toward trial or a plea?
In most counties, your attorney speaks for you. Your main job is to show up when required, stay in communication with your lawyer, and take the process seriously.
Step Four: Resolution Day
Every DUI case ends one of two ways:
- Trial – where the judge or jury decides if the State proved its case.
- Plea Agreement – where you accept negotiated terms.
Only you can decide whether to take a plea or go to trial. Your lawyer’s job is to get you to that fork in the road with the best possible options on the table.
- If the plea deal is fair, you’ll know exactly what you’re agreeing to.
- If it’s not, you have the right to fight your case in court.
Your attorney can’t make that choice for you — but we can make sure you understand every option and every risk.
What the Court Can and Can’t Do
It’s important to understand the court’s role:
- The judge does not negotiate plea deals — that’s between your attorney and the prosecutor.
- The court steps in if there are discovery disputes or delays.
- If your case drags on, the judge can push it toward trial.
Otherwise, your defense attorney is the one guiding the process and protecting your rights.
The Importance of Skilled DUI Defense
DUI cases move quickly, and the consequences are serious. A conviction can mean:
- Jail time
- Heavy fines
- License suspension
- Higher insurance costs
- A criminal record that follows you for life
The sooner you involve a criminal defense attorney, the better your chances of protecting your license, your record, and your future.
Take Control of Your Case Today
If you’ve been charged with DUI, OWI, OVWI, or DWI in Indiana, you don’t have to go through it alone. The Marc Lopez Law Firm has spent years building its reputation on aggressive and effective drunk driving defense.
We’ll answer your questions, explain the process, and fight for the best possible outcome in your case.
Call us today at 463-222-0896 for a free consultation.
And remember — always plead the 5th.
