Indiana OWI Defense – Your Rights, Your Defense, Your Future

If you’ve been arrested for Operating While Intoxicated (OWI) in Indiana, you’re likely feeling overwhelmed and uncertain about what comes next. An OWI charge isn’t just a traffic violation—it’s a criminal offense with serious, long-term consequences. At Brian J Johnson Law, we are aggressive, experienced OWI defense attorneys who understand the law, the courts, and how to protect your freedom and your license.

Understanding Indiana OWI Charges

Indiana’s OWI laws cover a broad range of offenses under IC 9-30-5. The charge you face will depend on your BAC level, substance involvement, prior history, and whether an accident occurred. Common OWI-related charges include:

- Operating While Intoxicated (IC 9-30-5-2): Driving while impaired by alcohol or drugs based on officer observations.

- Per Se OWI (IC 9-30-5-1): Driving with a BAC of 0.08% or more. A BAC of 0.15%+ leads to enhanced penalties.

- Controlled Substance OWI (IC 9-30-5-1(c)): Operating with a Schedule I or II drug or metabolite in your system—even without impairment.

- OWI Causing Serious Bodily Injury (IC 9-30-5-4): Felony charge if intoxication results in serious injury to another.

- OWI Causing Death (IC 9-30-5-5): Felony charge with severe penalties for causing a fatality while intoxicated.

- Repeat Offender Enhancement (IC 9-30-5-3): Elevates OWI to a felony if you have prior OWI convictions within 7 years.

Implied Consent and Chemical Testing

Under Indiana’s implied consent law (IC 9-30-6), any person driving in Indiana has consented to chemical testing if lawfully stopped for suspected OWI. Refusal to submit to a test results in an automatic license suspension of one year for a first refusal and two years for any prior OWI. A failed test (BAC ≥ 0.08%) results in a 180-day suspension. These administrative penalties apply even before any criminal conviction.

Driver’s License Suspension and Reinstatement

OWI charges trigger multiple potential license consequences:
- 180-day suspension for failed chemical test.
- 1-2 year suspension for refusing chemical testing.
- Additional suspension upon conviction: 1 year for injury cases, 2+ years for OWI causing death.
- Ignition interlock device (IID) may be required as a condition of Specialized Driving Privileges or probation.

Specialized Driving Privileges (Hardship License)

If your license is suspended, you may qualify for Specialized Driving Privileges (SDP) under IC 9-30-16. These allow you to drive for essential purposes like work, school, or medical appointments. Eligibility requires that you:
- Be an Indiana resident
- Not have refused a chemical test (except under certain interlock provisions)
- File a verified petition in the proper court
If granted, SDP allows you to drive under strict terms and conditions. Violating those conditions can result in revocation of privileges and new charges.

Habitual Vehicular Substance Offender (HVSO)

A person with two or more prior OWI convictions may be designated as a Habitual Vehicular Substance Offender under IC 9-30-15.5. This designation adds 1 to 8 years to any new OWI sentence. The State must file this enhancement separately. Your defense attorney can challenge the validity or timing of prior convictions or negotiate to avoid the enhancement.

Habitual Traffic Violator (HTV) Designation

Indiana’s BMV can designate you as a Habitual Traffic Violator (HTV) under IC 9-30-10:
- 10-year suspension: 3 major traffic offenses in 10 years (e.g., OWI, Reckless Driving).
- Lifetime suspension: 2 OWI-related deaths.
- 5-year suspension: 10 traffic offenses, including 1 major, in 10 years.
HTV suspensions are separate from court-imposed penalties and often occur after the criminal case ends. Some HTV drivers may still petition for SDP.

What to Expect in Court

Every OWI case follows a multi-stage legal process:
- Initial Hearing: Charges read, rights explained, opportunity to request SDP.
- Pretrial Conferences: Evidence exchange (discovery), plea negotiations, legal motions.
- Trial: Bench or jury trial if no plea agreement is reached.
- Sentencing: Penalties may include jail, probation, treatment, community service, license suspension, and interlock devices.
Your attorney will guide you at every step and explore all avenues to reduce or dismiss your charges.

Why Choose Us

Brian and Kellie are relentless OWI defense attorneys with a proven track record in Indiana courts. Our firm has successfully defended first-time offenders, commercial drivers, and clients facing felony OWI and HVSO enhancements. We understand the science behind breath and blood tests, know how to fight illegal traffic stops, and aren’t afraid to challenge the State’s case in trial.

Take Action Now – Call for a Free Consultation

Don’t wait to get help. The sooner you involve an experienced OWI attorney, the more options you have. Call BJ Johnson Law today at (317) 718-7000 or visit our office at 47 West Marion Street, Danville, IN. We’ll review your case, explain your options, and help you fight for the best possible outcome.