Drunk Driving Attorney in Fishers, Indiana

How We Build an OWI Defense

Every drunk driving case rests on a chain of events: the reason for the traffic stop, how field sobriety tests were conducted, and whether chemical testing followed proper procedure. Each link in that chain is subject to scrutiny, and weaknesses in the state’s evidence can significantly affect the outcome of a case.

The Traffic Stop

A lawful stop requires reasonable suspicion that a traffic violation or crime occurred. When a stop lacks that foundation, evidence gathered afterward may be challengeable. We examine the officer’s probable cause affidavit and any available video from dash or body cameras as part of our initial case review.

Field Sobriety Tests

The three standardized field sobriety tests (the walk-and-turn, one-leg stand, and horizontal gaze nystagmus test) aren’t infallible. Results can be affected by how the officer explained instructions, road conditions, footwear, lighting, and any medical or physical conditions the driver has. We look at the specific circumstances of administration before accepting these results at face value.

Breath & Blood Testing

Breathalyzer results depend on proper machine calibration and operator certification. Blood test results require an unbroken chain of custody and correct handling throughout. Timing matters too: a BAC reading taken well after the stop may not accurately reflect what the driver’s level was at the time of driving. When the testing process has flaws, those flaws become part of the defense.

Indiana’s implied consent law means that refusing a chemical test results in an automatic license suspension, but a refusal can also limit the direct BAC evidence available to the prosecution. Depending on the facts, defense strategies may include motions to suppress improperly obtained evidence, challenges to the probable cause affidavit, or negotiated resolutions.

OWI Penalties for Subsequent & Felony Offenses

A first-offense OWI is typically a Class C misdemeanor in Indiana, though it can be elevated to a Class A misdemeanor if the driver’s BAC was 0.15% or higher or if the driver endangered another person. Penalties escalate sharply with prior convictions or aggravating circumstances.

Second & Third Offense Ranges

A second OWI offense can carry five days to three years of imprisonment, fines up to $10,000, and a license suspension ranging from 180 days to two years. A third offense can carry ten days to three years of imprisonment, fines up to $10,000, and a license suspension of one to 10 years.

Felony-Level Charges

When a prior OWI conviction falls within seven years of a new arrest, the new charge can be filed as a Level 6 Felony, carrying six months to two and a half years of imprisonment and fines up to $10,000. Aggravating circumstances that elevate charges include causing serious bodily injury or having a minor passenger in the vehicle. Commercial drivers face OWI charges at a BAC of 0.04% or higher, a lower threshold than the standard 0.08%.

Drivers with enough prior OWI convictions may be designated a Habitual Vehicular Substance Offender (HVSO) under Indiana law. An HVSO designation can add one to eight years to a sentence on top of whatever the underlying charge carries. If you’re facing a second or subsequent charge, the stakes of the current case are compounded by what came before.

License Suspension & Specialized Driving Privileges in Indiana

An OWI arrest in Indiana can trigger a driver’s license suspension that begins before any criminal conviction. This administrative suspension runs on a separate track from the criminal case, with its own deadlines and procedures. Acting quickly after an arrest helps preserve options on both tracks.

Specialized Driving Privileges (sometimes called a hardship license) may allow a driver whose license has been suspended to drive to work, school, medical appointments, and court hearings under restricted conditions. Eligibility depends on the specific offense, the county, and the individual’s prior record. Not every arrested driver qualifies, but for those who do, these privileges can make a significant practical difference during the suspension period. An ignition interlock device is often required as a condition of receiving Specialized Driving Privileges or as a condition of reinstatement after the suspension ends.

OWI Cases in Hamilton County Courts

Massillamany Jeter & Carson LLP is based in Fishers, within Hamilton County, and we handle criminal defense cases throughout the county. OWI cases filed here move through a specific court structure that we know from regular practice.

Hamilton County has seven Superior Courts and one Circuit Court. Misdemeanor and Level 6 Felony OWI cases are typically filed in Superior Courts 4, 5, 6, or 7; higher-level felony charges may route to other Hamilton County courts depending on the facts. After an arrest, the court schedules an initial hearing where the judge explains the charges and sets conditions of release. That hearing can come quickly, and having an attorney who appears regularly in these courts means you get realistic, procedurally grounded guidance from the first appearance forward.