Indiana can charge a driver with operating while intoxicated even when no test shows a BAC of 0.08% or higher, and an arrest does not prove the charge.
The state still has to show that the stop was lawful, that the testing followed required procedures, and that the evidence supports each element of the offense.
An OWI conviction can bring jail time, a license suspension, and a lasting criminal record, so early decisions in the case carry weight.
At Blankenship Law, LLC, an Indiana DUI lawyer can explain the charge, identify potential defenses, and lay out the decisions ahead. Indiana law calls the offense Operating While Intoxicated (OWI), although many people still say DUI.
Founder Eric Blankenship has practiced criminal law in Indiana since 2002. He worked as a prosecutor before entering private practice and tried more than 100 court and jury trials. That background shapes how we assess the state’s approach and where its evidence may be open to challenge.
Contact Blankenship Law to have us review the stop, the testing, and the charge you are facing, and to find out which options may apply.
Indiana prosecutors can bring OWI charges based on alcohol, drugs, chemical test results, or other evidence of a driver’s condition. The charge depends on the circumstances, the available proof, and the driver’s history.
We represent people facing a range of drunk and drugged driving allegations, including:
The evidence behind each allegation shapes the defense. A disputed traffic stop calls for a different approach than a blood test, an officer’s observations, or a claimed refusal.
We review the actual charge and the events that led to the arrest before we settle on a strategy, because no two OWI cases follow the same path.
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An OWI conviction can bring jail time, fines, probation, and limits on your driving privileges. The penalties depend on the offense level, the driver’s prior record, and any aggravating circumstances the state alleges.
Under Indiana Code § 9-30-5-1, operating a vehicle with a BAC of at least 0.08% but below 0.15% is generally a Class C misdemeanor. That level carries up to 60 days in jail and a fine of up to $500.
An OWI is charged as a Class A misdemeanor when the BAC is 0.15% or higher or the driver endangers another person. That level carries up to one year in jail and a fine of up to $5,000.
A repeat offense can lead to felony charges. An OWI committed within seven years of a prior OWI conviction can be charged as a Level 6 felony, and cases involving serious injury or death can carry additional exposure.
Beyond the sentence, an OWI case can reach several areas of your life.
We review the allegations and your history to show which penalties you actually face and where the case can be challenged.
An officer’s decision to make an arrest does not decide whether the state can prove its case. The prosecution must establish each element of the charged offense with admissible evidence.
Our team brings prosecutorial experience to that review. Eric Blankenship prosecuted cases in Hamilton, Marion, and Blackford Counties.
Attorney Kevin Kelly spent more than two decades as a Marion County prosecutor and tried more than 100 major felony jury and court trials. We use that background to test the state’s theory of the case and prepare for court.
We start with the events that led to the stop. We examine the officer’s stated reason for stopping the vehicle, the observations made at the scene, and the circumstances of the arrest.
If the stop or a later search raises a legal problem, we evaluate whether a motion to suppress evidence is appropriate. The outcome depends on the facts and the applicable law.
A test result carries weight in an OWI prosecution, but the number alone does not answer every legal question. We review the testing method, equipment records where relevant, collection procedures, and compliance with the applicable requirements.
In blood test cases, we also look at how the sample was collected, handled, and analyzed. Any challenge has to rest on the evidence, not on an assumption that a result is unreliable.
Officers may point to field sobriety exercises, driving behavior, speech, or balance to support an impairment allegation. We examine how the officer administered each exercise and what the officer recorded.
We also look at whether medical conditions, physical limitations, weather, or unclear instructions may explain the reported behavior, when the facts support it.
Indiana law attaches consequences to refusing a chemical test after a qualifying request. We examine whether the officer followed the required procedures, including the advisement about those consequences, and what the refusal means for both the criminal case and your license.
Not every case goes to trial, but every case needs an honest assessment of its strengths and weaknesses. Depending on the evidence, we may seek a dismissal, challenge particular evidence, negotiate a reduction, or present the case to a judge or jury.
We explain the possible outcomes and risks before we recommend a course of action.
Blankenship Law has resolved OWI cases through reduced charges, including one outcome with no OWI conviction.
In one LaPorte County case, the client faced OWI Endangering a Person and OWI charges. The client pleaded to Reckless Driving and received six months of probation, with no OWI conviction.
In a Tipton County case, a client charged with OWI With a Prior Conviction and OWI pleaded to a Class C misdemeanor OWI. The resolution included six months of probation and a 60-day license suspension.
These outcomes show that the original charge does not always set the final result. Every case turns on its own facts, evidence, and procedural history, and prior results do not guarantee a similar outcome.
Blankenship Law has offices in Carmel and Valparaiso. Knowing where a case is filed helps clarify the court appearances, filing procedures, and local process ahead.
OWI arrests in Carmel and elsewhere in Hamilton County generally lead to proceedings in the Hamilton County courts in Noblesville. The assigned court depends on the charge.
Traffic enforcement along routes such as US-31 and Keystone Parkway can lead to OWI investigations. Wherever the stop occurs, we examine the specific facts behind the arrest and the evidence collected afterward.
Criminal OWI charges arising in Valparaiso, Chesterton, Portage, and other Porter County communities go through the county’s court system. Depending on the charge and assignment, a case may be heard in the Porter County Circuit Court or one of its Superior Courts.
We use that knowledge to prepare for hearings and meet filing requirements. The court location does not decide guilt or predict a result.
If you were arrested in Hamilton or Porter County, we can review the charge and explain what comes next.
Indiana’s implied consent law treats driving in the state as an agreement to take a chemical test when an officer has legal grounds to request one. Refusing a qualifying test can lead to license consequences that are separate from the criminal penalties for an OWI conviction.
Under Indiana Code § 9-30-6-9, a first refusal generally leads to a one-year license suspension. A refusal after a prior OWI conviction can lead to a two-year suspension.
A refusal can also be used as evidence in the criminal case, and it does not resolve the OWI charge itself. We review how the officer made the request, whether the required advisement was given, and which consequences apply.
License problems can develop quickly after an arrest. We can explain the procedures available to challenge a suspension and how they fit with the criminal case.
Yes, because early advice helps. We can explain the charge, identify the deadlines that apply, and assess potential defenses. License proceedings can run on a different timeline from the criminal case, so we confirm which deadlines apply to your situation.
Fees depend on the charge, the complexity of the evidence, the county, and whether the case goes to trial. Blankenship Law offers a free consultation to discuss your situation and the legal services you may need.
The two terms describe the same kind of conduct. DUI is the common name for drunk driving, but Indiana statutes use Operating While Intoxicated, and the charge can involve alcohol, drugs, or other substances.
Yes. Indiana law makes it an offense to operate a vehicle while intoxicated, and the state can try to prove impairment through officer observations, driving behavior, and other evidence without a result of 0.08% or higher. We examine whether that evidence holds up in each case.
Not in every case. An arrest can lead to license-related proceedings, and a suspension can take effect before the criminal case ends. Depending on the circumstances, you may be able to challenge the suspension or ask the court for specialized driving privileges.
Possibly. Eligibility for specialized driving privileges depends on the circumstances, the status of your license, and statutory requirements. A court can attach conditions, including an ignition interlock device. We can help determine whether you qualify and which restrictions may apply.
A reduction is possible in some cases, depending on the evidence, the alleged offense, and the prosecution’s position. One possible outcome is a negotiated plea to a different offense, but no reduction is guaranteed. We review the specific case before assessing the options.
An OWI conviction can stay on your criminal record indefinitely unless you qualify for expungement or other record relief. Eligibility depends on the offense, your prior history, waiting periods, and other requirements. Driving-record and insurance consequences follow separate rules.
An OWI can be charged as a Level 6 felony when the driver has a prior OWI conviction within the previous seven years. Certain other circumstances, such as a minor passenger or serious injury, can also raise the charge. We review your record and explain how Indiana law applies.
Several parts of an OWI case run on their own timelines: the license proceedings, the first court appearance, and the collection of evidence such as test records and video. Each one affects the options that remain open.
Blankenship Law, LLC represents people facing OWI and other criminal charges in Indiana. We can evaluate the traffic stop, the chemical testing, any prior convictions, and the disputed evidence, then explain the penalties you face and the ways to challenge the state’s case.
Schedule a free consultation with Blankenship Law, LLC to find out where your license and your case stand and which steps to take first.
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