In Indiana, the offense most people call a "DUI" is officially called Operating While Intoxicated, or OWI, under Indiana Code 9-30-5. An OWI conviction can mean license suspension, jail time, probation, alcohol or drug evaluation, ignition interlock requirements, and a permanent criminal record. The Law Office of Eduardo Fontanez represents drivers charged with OWI throughout Northwest Indiana.

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Indiana OWI charges by level

OWI charges in Indiana are generally graded by prior history and circumstances:

• Class C misdemeanor OWI: BAC of 0.08 to 0.14, no prior convictions, no aggravating facts.

• Class A misdemeanor OWI: BAC of 0.15 or higher, or operation that endangered a person.

• Level 6 felony OWI: prior OWI conviction within seven years, or OWI with a passenger under 18 in the vehicle.

• Level 5 felony OWI: OWI causing serious bodily injury, or OWI with a prior felony OWI.

• Level 4 felony OWI: OWI causing death or catastrophic injury.

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What an OWI defense actually involves

A real OWI defense looks at every stage of the stop and the chemical test. That can include the reason for the traffic stop, the officer's training and certification on standardized field sobriety tests, whether the implied consent advisement was read correctly, the maintenance and certification records of the breath testing device, the chain of custody for any blood draw, and any constitutional issues with the stop or arrest. Not every case has a viable suppression issue, but every case deserves to be examined for one.

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License consequences

In addition to the criminal case, the BMV imposes administrative license suspensions for refusing a chemical test or testing over the limit. In many cases, drivers can apply for Specialized Driving Privileges to keep driving to work, school, or medical appointments during a suspension. Attorney Fontanez handles these petitions as part of the same representation.​