Noblesville OWI & DUI Attorney

An OWI charge in Indiana can jeopardize your driving privileges and future. Your license may be at risk before the criminal case is resolved, while the OWI charge itself can carry possible jail time, fines, probation, and other consequences.

Whalin Legal defends people charged with operating while intoxicated (OWI) in Noblesville, Hamilton County, and throughout Indiana. Attorney Trampas A. Whalin will work directly with you to examine the stop, field sobriety tests, chemical testing, and other evidence that may determine how your case is resolved.

Many people charged with OWI have never been arrested before. They want to know whether they can keep driving, what the charge means for their record, and whether a failed breath or chemical test can be challenged.

When you work with Whalin Legal, you benefit from:

  • 17 years of Indiana practice, including experience as a public defender
  • Extensive experience in Hamilton County courts and with local procedures
  • Experience examining traffic stops, field sobriety testing, and chemical-test evidence
  • Courtroom experience with suppression motions, negotiations, and jury trials
  • Direct access to Attorney Trampas Whalin throughout your case
  • Free, confidential consultations

When you consult with us, you will get a straightforward assessment of the evidence, the possible consequences, and the options available to you. Contact us today to get started. 

What Happens to Your License After an OWI Arrest in Indiana?

Your driver’s license can become an immediate issue after an OWI arrest. If a judge finds probable cause and you failed a chemical test, your driving privileges can be suspended for 180 days. Refusing a chemical test can result in a one-year suspension, or two years if you have a previous OWI conviction.

That does not necessarily mean you will be unable to drive for the entire suspension. Depending on your circumstances and eligibility, a court may grant specialized driving privileges that allow driving subject to conditions imposed by the court. An ignition interlock device may also be required.

Because the license issue can begin moving before the criminal charge is resolved, it should be addressed early.

What Are the Penalties for an OWI in Indiana?

The consequences of an Indiana OWI depend on the facts. Alcohol concentration, whether the alleged conduct endangered another person, prior OWI convictions, and whether an accident caused injury or death can all affect the seriousness of the charge.

A conviction can potentially result in incarceration, fines, probation, substance-use evaluation or treatment, driver’s license consequences, and other court-ordered requirements. Repeat offenses and OWIs involving aggravating circumstances can carry significantly greater consequences.

An OWI can also affect employment, professional licensing, insurance costs, and your criminal and driving records. Before making decisions about the case, it is important to know exactly what the state can prove.

Can You Fight an OWI if You Failed a Breath Test?

Yes. A chemical test result is evidence, but it still has to be evaluated along with the circumstances surrounding the test.

Depending on the case, Attorney Whalin may examine when the test was performed, how it was administered, whether required procedures were followed, and whether the equipment and person administering the test met applicable requirements.

The same applies to field sobriety tests. Performance on roadside exercises can be affected by the instructions given, testing conditions, physical limitations, and other circumstances. The fact that an officer reported that you failed a test does not eliminate the need to examine how that evidence was obtained.

What Are the Defenses to an Indiana OWI Charge?

An OWI defense starts with what happened before the arrest. Police must have a lawful basis to stop or detain you, and the prosecution must still prove the elements of the offense.

Depending on the facts, we will examine:

  • Why the officer stopped or approached the vehicle
  • What the officer observed before making the arrest
  • Body-camera, dash-camera, or other video evidence
  • How field sobriety tests were conducted
  • Breath, blood, or other chemical-test evidence
  • Whether evidence was obtained lawfully
  • Whether the state can prove you operated the vehicle while intoxicated

If evidence was obtained unlawfully, the defense may ask the court to suppress it. Other cases may involve weaknesses or inconsistencies that affect negotiations or the prosecution’s ability to prove the charge.

What Happens After a First OWI in Indiana?

A first OWI does not have one predetermined outcome. What happens depends on the specific charge, test results, evidence, driving and criminal history, and other circumstances.

Some cases may be resolved through negotiations, while others may involve motions challenging evidence or proceed to trial. The goal is to identify the problems in the state’s case and determine which available resolution best protects your license, record, and future.

Hiring a lawyer does not make you look guilty, and you do not need to wait until you understand the entire process before asking for legal advice.

Talk to a Noblesville OWI & DUI Attorney

The days immediately following an OWI arrest can matter, particularly when your driving privileges are at stake. The best way to protect your rights is to have the powerful representation Whalin Legal provides. Connect with us today.

Frequently Asked Questions

Is OWI the same as DUI in Indiana?

The terms are commonly used to describe impaired-driving offenses, but Indiana law uses OWI, meaning operating while intoxicated. Indiana’s OWI laws are primarily found in Indiana Code Chapter 9-30-5.

What is the legal alcohol limit in Indiana?

For most drivers, an alcohol concentration equivalent of at least 0.08 can support an Indiana operating-with-an-unlawful-alcohol-concentration charge. Different standards apply in certain situations, including drivers under age 21.

Will I lose my license after a first OWI in Indiana?

You can face a driver’s license suspension even before an OWI case results in a conviction. Indiana’s BMV states that a failed chemical test can result in an 180-day suspension, while refusal can result in a one-year suspension for a driver without a previous OWI conviction.

Can I drive to work after an OWI arrest in Indiana?

Possibly. Eligible drivers may seek specialized driving privileges from a court. The court determines the duration and conditions of those privileges, and requirements can include restrictions on driving, SR22 insurance, or an ignition interlock device.

Can an OWI charge be reduced or dismissed in Indiana?

It is possible in some cases, but there is no automatic reduction or dismissal. The outcome depends on the evidence, legal issues, charge, criminal history, negotiations, and other circumstances. Problems with a traffic stop, testing, or other evidence can sometimes significantly affect the case.