OWI Attorney in Hamilton County
Facing an OWI Charge? Get Coordinated Defense from a Firm Established in 2015
In Indiana, impaired-driving charges are prosecuted as Operating While Intoxicated, or OWI. Many people search for DUI or drunk driving defense, but an OWI charge can affect your driving privileges, employment, professional credentials, family responsibilities, and criminal record at the same time.
At Massillamany Jeter & Carson LLP, we handle OWI defense throughout Hamilton County. Established in 2015, our criminal defense team draws on more than 200 years of combined legal experience. We review the traffic stop, arrest, testing, paperwork, prior record, and upcoming court or BMV deadlines so you can understand the issues in front of you. Because we also practice family law and personal injury, we can address related legal questions that sometimes follow the same arrest, including a civil claim arising from an accident or a custody matter that surfaces while criminal charges are pending.
Contact Massillamany Jeter & Carson LLP to speak with our drunk driving attorneys serving Hamilton County. Free consultations are available. Call (317) 434-1490 or reach out through our contact form.
Indiana OWI Charge Levels
Indiana OWI charges can range from misdemeanor allegations to felony allegations. The charge level depends on the accusation in the charging documents and current Indiana law, including the alleged alcohol concentration, endangerment, prior OWI history, the driver’s age, passengers in the vehicle, and whether an incident involved serious bodily injury or death.
Factors that can affect an OWI charge include:
- Alcohol Concentration: The alleged result of a breath, blood, or other chemical test can affect the charge filed and the issues that must be evaluated.
- Alleged Endangerment: The State may allege that the manner of driving endangered another person. The evidence of driving, the stop, and the surrounding circumstances matter.
- Prior OWI Convictions: A prior conviction can change the charge level and the potential consequences of a later allegation.
- Age or Passengers: A driver’s age and the presence of a minor passenger can create additional legal issues.
- Injury or Death Allegations: When an accident involves serious bodily injury or death, an OWI allegation can become a felony with substantially more serious potential consequences.
Indiana’s implied-consent law can also affect an OWI case when law enforcement requests chemical testing. A refusal allegation may create a separate BMV administrative suspension issue in addition to the criminal case. The circumstances of the request, the response, and the documentation should be reviewed carefully.
Commercial drivers and drivers under 21 may face additional rules and consequences. If your ability to drive for work is at stake, we can review the criminal charge and the BMV process together rather than treating them as the same issue.
OWI Penalties & Collateral Consequences
An OWI conviction can involve incarceration, fines, court-ordered driving restrictions, and a criminal record. The applicable consequences depend on the charge level, prior history, chemical-test or refusal allegations, accident facts, and court orders. Hamilton County criminal courts can require you to address the criminal case while the BMV process raises separate questions about your driving status.
Collateral consequences may include:
- Driving Privileges: A court-ordered restriction and a BMV administrative suspension are separate issues. Specialized Driving Privileges are court-authorized limited driving privileges that may be available in some circumstances.
- Insurance Requirements: An OWI conviction can lead to BMV insurance-filing requirements and increased insurance costs.
- Employment Concerns: Employers may review an OWI charge or conviction, particularly when driving is part of the job or workplace policies require reporting.
- Professional Licensing: Healthcare, legal, transportation, and other licensed professionals may need to consider employer rules or licensing-board review separate from the criminal case.
- Criminal Record Issues: An OWI conviction can appear in background checks. We handle expungements for eligible clients who want to explore whether relief may be available later.
Work With People Who Care
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A Personalized, Team-Oriented Approach
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200+ Years' Combined Experience
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We Are Active Members of Our Community
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We Treat Every Case Individually
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Small Firm Attention. Big Firm Results.
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Initial Consultations Are Always FREE!
Our Clients Are Our Biggest Advocates
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Mario is the kind of lawyer who actually listens and takes your situation seriously. He’s professional, sharp, and genuinely cares about the people he represents.- Amber D.
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I had a fairly simple need but was very happy with the work and would use them again for any other legal work I need in the future.- Former Client
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They are very educated on what they do and go above and beyond for their clients. If you ever need, they are the team to call!- Chelsea B.
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Tom is an excellent education attorney! He guided our family through a difficult sexual harassment case involving our child and the local public school. Tom's expertise and persistence led to a positive outcome that has truly made a difference in our child- Laura
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From the very beginning, everything was clearly explained, which helped ease a very stressful process. Communication was consistent, professional, and reassuring, and we always felt well represented and informed.- Regina W.
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Mr. Massillamany is the absolute best and kindest lawyer ever. I can go on and on about Mr. Massillamany and his firm but there just aren’t enough words to express how he made me feel confident and comfortable in an uncomfortable situation.- Seth B.
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I worked with Danielle Merlo on a Family Law matter in 2024. It was a complex case which Danielle handed incredibly well. I felt supported and well advised as we navigated a several month case.- Danielle M.
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I feel truly blessed to have found Amy Carson. She did a wonderful job with my case and I feel very fortunate to have worked with her. She was attentive, answered all my questions and concerns no matter the time of day.- Emmy K.
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These people are not only brilliant, educated lawyers, but proved to personally care about what happened to our family. We feel deeply indebted to Mario M. particularly for the caring service we have been receiving.- Lynn C.
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Chris Jeter and his team stand by my side to help guide me in the right direction. His knowledge of small business protected me in areas I didn't even know existed.- Kelley R.