OVWI

If you’ve been charged with Operating a Vehicle While Intoxicated (OVWI) in Indiana, you’re facing serious consequences that could impact your freedom, driving privileges, employment, and future. The dedicated legal team at Kaushal Law LLC is here to provide aggressive defense representation while guiding you through every step of the complex legal process.

Comprehensive Legal Services

Our practice extends beyond OVWI defense to include all types of criminal defense matters and personal injury cases. This comprehensive approach means we can handle both criminal charges and any civil liability that may arise from an incident, providing coordinated representation that protects all aspects of your case.

For more information about our firm and attorney qualifications, visit our about page.

Indiana OVWI Attorney Services

First-Time OVWI Offenses – Strategic defense for individuals with no prior OVWI convictions, focusing on minimizing penalties and protecting your record.

Repeat OVWI Offenses – Aggressive representation for clients facing enhanced penalties due to prior convictions, including felony charges.

BAC Test Refusal Cases – Defense against automatic license suspension and criminal charges for refusing chemical testing.

Commercial Driver OVWI – Specialized defense for CDL holders facing career-threatening OVWI charges with enhanced penalties.

Underage OVWI (Under 21) – Defense for drivers under 21 facing the lower 0.02% BAC threshold and additional penalties.

Drug-Related OVWI – Defense against charges involving marijuana, prescription drugs, and controlled substances affecting driving ability.

OVWI Causing Injury or Death – Serious felony defense for accidents resulting in bodily injury or wrongful death, requiring immediate legal intervention.

Administrative License Suspension – Challenging BMV license suspensions and seeking specialized driving permits to protect your ability to work and drive.

What Are the High-Risk Areas for Indiana OVWI Arrests?

Based on law enforcement data and our experience defending OVWI cases:

High-Risk Locations:

• Downtown Indianapolis entertainment districts (Mass Ave, Broad Ripple, Fountain Square)
• Major highways during holiday weekends (I-65, I-465, I-70)
• College areas near IUPUI, Butler University, and University of Indianapolis
• Major sporting event venues (Lucas Oil Stadium, Gainbridge Fieldhouse)

Common Enforcement Times:

• Friday and Saturday nights between 10 PM and 3 AM
• Holiday weekends and special events
• Summer months with increased social gatherings
• After major sporting events and concerts

Indiana OVWI Laws & Your Rights

Fault-Based System: Under Indiana Code 9-30-5-1, you can be charged with OVWI if you drive with a Blood Alcohol Concentration (BAC) of 0.08% or higher, operate a vehicle while impaired by alcohol or drugs, or drive with a controlled substance in your system.

Enhanced BAC Thresholds: Commercial drivers face OVWI charges at 0.04% BAC, while drivers under 21 face charges at just 0.02% BAC according to Indiana Code 9-30-5-2.

Implied Consent Law: All drivers on Indiana roads have automatically consented to chemical testing. Refusal results in automatic license suspension according to the Indiana Bureau of Motor Vehicles.

Administrative vs. Criminal Penalties: OVWI cases involve both immediate administrative license suspension through the BMV and separate criminal penalties through the court system.

What Penalties Can You Face After an Indiana OVWI?

First Offense OVWI carries penalties as a Class C Misdemeanor including up to 60 days in jail, fines up to $500, license suspension from 90 days to 2 years, and possible mandatory alcohol education programs.

Second Offense Within 5 Years elevates charges to a Class A Misdemeanor with 10 days to 1 year in jail, fines up to $5,000, license suspension from 180 days to 2 years, and mandatory minimum jail time requirements.

Third Offense or Lifetime Felony becomes a Level 6 Felony punishable by 6 months to 2.5 years in prison, fines up to $10,000, license suspension from 1 to 10 years, and potential vehicle forfeiture.

Enhanced Penalties for High BAC (0.15% or higher) include additional mandatory jail time, ignition interlock device requirements, and extended license suspension periods beyond standard penalties.

Additional consequences include increased insurance rates, SR-22 insurance requirements, employment difficulties, and permanent criminal record impacts.

Steps to Take After an OVWI Arrest in Indiana

1. Exercise Your Right to Remain Silent

• Don’t discuss the incident with anyone except your attorney
• Avoid making statements that could be used against you

2. Contact Kaushal Law LLC Immediately

• Early intervention can preserve crucial evidence
• We protect your rights from the very beginning

3. Request Administrative Hearing (10-Day Deadline)

• Challenge automatic license suspension
• Preserve your driving privileges during the process

4. Document Everything

• Write down all details about the arrest
• Gather witness contact information if available

How Do Prosecutors Try to Prove OVWI Cases?

Field Sobriety Tests: Prosecutors rely heavily on field sobriety test results, but these tests are subjective and can be challenged. We examine whether tests were administered according to National Highway Traffic Safety Administration standards, considering factors like officer training, testing conditions, your physical condition, and environmental distractions.

Chemical Test Evidence: Blood, breath, and urine tests must meet strict procedural requirements. Our defense strategies include challenging equipment calibration, chain of custody procedures, officer certification, test timing, and medical conditions that may affect accuracy.

Traffic Stop Legality: Police must have reasonable suspicion to initiate a traffic stop. We thoroughly examine whether the initial stop was legal, if proper procedures were followed, and whether your constitutional rights were protected throughout the encounter.

Why Choose Kaushal Law LLC for Your Indiana OVWI Case?

When you’re facing OVWI charges in Indiana, choosing the right criminal defense attorney can make the difference between a conviction and case dismissal. Here’s why Indiana OVWI defendants trust Kaushal Law LLC:

Our track record includes:

• Numerous OVWI case dismissals and charge reductions
• Successful suppression of evidence motions
• Alternative sentencing arrangements
• Specialized driving permit approvals
• License suspension hearing victories

No Upfront Costs for Criminal Defense

• Free initial consultation for all OVWI cases
• Transparent fee structures with payment plans available
• No hidden costs or surprise charges
• Investment in your future and freedom

Personalized Attention for Every OVWI Client

• Direct access to experienced Indiana OVWI attorneys
• Prompt response to your questions and concerns
• Regular case updates throughout the legal process
• Compassionate support during this stressful time

Aggressive Representation Against Prosecutors

• Extensive experience with Indiana courts and prosecutors
• Proven ability to negotiate favorable outcomes
• Trial-ready attorneys who aren’t afraid to fight for dismissal
• Former prosecutor insights into case strategy

Results vary based on individual case circumstances