OWI & DUI Lawyer in Indianapolis
Charged with OWI or DUI? Here is where we start.
Charged with OWI or DUI? Call Wynn. (317) 832-1182
Free consultation · Calls answered 24/7
By Myekeal Wynn, Attorney at Law
Flashing lights, a breath test, a night in holding, and a court date. Now you're worried about your license, your job, your insurance, and whether this follows you forever.
An arrest is the police officer's version of events. It's not the end of the story. Traffic stops, field sobriety tests, and breath and blood tests all have rules, and those rules are not always followed.
What's at stake
Your license. A failed or refused chemical test can suspend your license before your case is even decided.
Your job. Especially if you drive for work or hold a professional license.
Your record and insurance. A conviction raises insurance costs and shows up on background checks.
Your freedom. A prior OWI, an injury, or a child in the car can make it a felony.
How Indiana charges OWI
Indiana calls it operating a vehicle while intoxicated, or OWI. Most people know it as DUI. The State can charge it several ways, and it often files more than one count from the same stop.
Alcohol concentration of 0.08 to less than 0.15. Class C misdemeanor. Ind. Code § 9-30-5-1(a).
Alcohol concentration of 0.15 or more. Class A misdemeanor. Ind. Code § 9-30-5-1(b).
Schedule I or II controlled substance in the blood. Class C misdemeanor, with defenses that include a valid prescription. Ind. Code § 9-30-5-1(c), (d).
Operating while intoxicated, with no test number required. Class C misdemeanor. Ind. Code § 9-30-5-2(a).
Operating while intoxicated in a manner that endangers a person. Class A misdemeanor. Ind. Code § 9-30-5-2(b).
A prior OWI conviction within the last seven years. Level 6 felony. Ind. Code § 9-30-5-3(a)(1).
A passenger under 18. Level 6 felony when the driver is at least 21 and is charged under the 0.15, controlled substance, or endangerment provisions. Ind. Code § 9-30-5-3(a)(2).
What the penalties can be
Class C misdemeanor. Up to 60 days in jail and a fine of up to $500. Ind. Code § 35-50-3-4.
Class A misdemeanor. Up to one year in jail and a fine of up to $5,000. Ind. Code § 35-50-3-2.
Level 6 felony. Six months to two and one-half years, and a fine of up to $10,000. Ind. Code § 35-50-2-7.
These are the maximums the statutes allow, not a prediction of what will happen in your case.
Your license is a separate fight
The license suspension starts before anyone decides whether you are guilty of anything.
Refusing a chemical test. A one-year suspension, or two years with a prior OWI conviction. Ind. Code § 9-30-6-9(b).
A test result the law treats as evidence of intoxication. A suspension of up to 180 days, or until the case is resolved, whichever comes first. Ind. Code § 9-30-6-9(c).
Specialized driving privileges. In many cases a court can allow you to drive for work, school, and other necessities during a suspension. You have to petition for it. Ind. Code § 9-30-16-3.
After a refusal. A refusal generally blocks specialized driving privileges unless you agree to an ignition interlock device, and even then it is up to the judge. Ind. Code §§ 9-30-16-1(a)(2), 9-30-6-8(d). More on driving privileges after an OWI.
How I defend you
The stop. Did the officer have a legal reason to pull you over?
The tests. Were field sobriety tests given correctly? Was the breath or blood test handled properly?
The evidence. I review body cam, dash cam, and test records line by line.
Your license. I help you understand your options for driving privileges while the case is open.
Trial. I prepare every case to be tried. That's what gives you leverage.
What the State has to prove
The State carries the burden on every element, beyond a reasonable doubt. An arrest report is not proof.
Operating. The State must prove you were operating the vehicle, not just near it or sitting in it.
Endangerment. A Class A charge under § 9-30-5-2(b) requires proof that the driving endangered a person. Intoxication alone is not enough.
Charged while parked or asleep in your car? Read: Can You Get an OWI While Parked?
Prosecutors treat a case differently when the defense is ready to try it.
Common questions
Is OWI the same as DUI in Indiana? Yes. Indiana statutes use "operating while intoxicated." DUI is the common name for the same charge.
Can I be charged if I was under 0.08? Yes. Section 9-30-5-2 does not require a test number. The State can try to prove intoxication through the officer’s observations.
Will I lose my license right away? A suspension can begin soon after the arrest. Call quickly so the license issue is addressed alongside the criminal case.
Is a first OWI a felony? Usually it is charged as a misdemeanor. It can be charged as a Level 6 felony with a prior OWI conviction in the last seven years, or in some cases with a passenger under 18.
What happens next
Free consultation. Call or book online. If you book online, we'll call you within 24 hours to set up a phone or Zoom consultation. We go over the arrest, your court date, and your license status.
Evidence. I get the reports, videos, and test results.
Strategy. We decide together: challenge the evidence, negotiate, or go to trial.
Court. I stand with you at every hearing.
Related: resisting law enforcement, warrants, probation violations, criminal defense.
Don't face this charge alone
The sooner you call, the sooner I can start protecting your license and your record. Free consultation. Payment plans and financing through Affirm. Calls answered 24/7.
Call Wynn. (317) 832-1182
Past results do not guarantee a similar outcome. Contacting Wynn Law does not create an attorney-client relationship.
Tell me what happened
Tell me about the arrest, the county, and your next court date. I will review it and reach out to set up your free consultation.