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Indiana DUI / DWI Questions & Answers
1 Answer | Asked in DUI / DWI and Criminal Law for Indiana on
Q: What is the penalty for a DUI in Indiana with a prior out-of-state DUI and a Class 6 felony charge?

What will the penalty be for a DUI in Indiana if there is a prior DUI from another state four years ago, and the current charge has been upgraded to a Class 6 felony for an unknown reason?

Andrew L. Bennett
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Andrew L. Bennett
answered on Mar 11, 2025

If you are arrested for and OWI and have a previous conviction within 7 years in IN or out of state and the out of state conviction offense is substantially similar to an IN offense, then the new OWI can be filed as an F6 felony. This has a penalty range of 6 months to 2 1/2 years in jail and up... View More

1 Answer | Asked in Criminal Law and DUI / DWI for Indiana on
Q: How long for court date after misdemeanor bail in Indiana?

I was bailed out of jail on December 14, 2024, in Steuben County for two misdemeanor charges: possession of marijuana and Operating While Intoxicated (OWI) under the influence of a schedule 1 and 2 substances. I have yet to receive an initial court date for my case and do not have legal... View More

Andrew L. Bennett
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Andrew L. Bennett
answered on Feb 18, 2025

If you have not yet received a court date yet, then the prosecutor has likely not yet filed charges. The prosecutor has two years to file charges under the statute of limitations. You can check on mycase to see if/when charges have been filed. I would suggest consulting with a local criminal... View More

1 Answer | Asked in DUI / DWI for Indiana on
Q: Did not install the ignition Interlock device, what form i need for court asking judge to reinstate my liscence?

Nevern installed cuz i was on work release and house arrest ordered. completed everything else ordered. been over 10 years and trying to get Indiana Liscence back. Could judge have BMV Indefinite suspension removed without having the interlock installed since so many yrs.

couldnt install... View More

Andrew L. Bennett
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Andrew L. Bennett
answered on May 3, 2024

Contact a local traffic attorney who can review your record and see what can be done to remove suspensions to get you valid. Most attorneys have free consultations. Also, if you do not have a myBMV account set up, do so before you contact the attorney so he/she can look at your record.

1 Answer | Asked in Criminal Law and DUI / DWI for Indiana on
Q: Victim of a crime drugged unknowingly charged with crime OWI
T. Augustus Claus
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answered on Jan 24, 2024

Firstly, gather any evidence or information that supports your claim of being unknowingly drugged. This may include witness statements, medical records, or any other relevant documentation.

Next, contact a criminal defense attorney in Indiana. Provide them with all the details surrounding...
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1 Answer | Asked in Criminal Law, DUI / DWI and Civil Rights for Indiana on
Q: Can a mistaken traffic stop reason dismiss an OWI charge in Indiana?

I was pulled over by an officer who claimed my license plate light was out, but it was actually functioning. The officer conducted several sobriety tests, including a breathalyzer and field sobriety exercises. I requested to speak to his supervisor and informed him of the high mental stress I was... View More

James L. Arrasmith
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answered on Aug 8, 2025

You bring up a very important point—if the reason for the traffic stop was false or unjustified, it could potentially affect the entire case. In Indiana, an officer must have a valid reason, or “reasonable suspicion,” to initiate a traffic stop. If your license plate light was actually... View More

1 Answer | Asked in Criminal Law, DUI / DWI and White Collar Crime for Indiana on
Q: Consequences of possession of drugs and fake ID while driving in Indiana

What are the potential legal consequences for being found with weed, cocaine, and a fake ID while driving home? I was arrested earlier today and am now waiting for court proceedings. This is my first offense, and I'm unsure of the quantity of the drugs.

James L. Arrasmith
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answered on Aug 8, 2025

You're facing a serious situation, and it’s understandable to feel overwhelmed—especially since this is your first offense. In Indiana, possession of marijuana is still illegal unless you have a medical exemption from another state, and possession of cocaine is automatically treated as a... View More

1 Answer | Asked in Criminal Law and DUI / DWI for Indiana on
Q: What happens with bond revocation after new charges and dropped restraining order in Indiana?

I am currently on bond, but I have received new charges, including harassment, driving while suspended, and possession of meth. The restraining order related to these charges has been dropped. What actions can I expect regarding my bond revocation given this update?

James L. Arrasmith
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answered on Jul 10, 2025

When you’re out on bond and pick up new charges, it puts your release in serious jeopardy—even if part of the situation, like a restraining order, has been dropped. In Indiana, bond conditions typically require you to remain law-abiding while awaiting trial. Being charged with new crimes like... View More

1 Answer | Asked in DUI / DWI and Gov & Administrative Law for Indiana on
Q: Can I drive with my Indiana hardship license and court papers?

I was granted a hardship license in Indiana. The court allowed me to drive to and from work and for necessities with an ignition interlock device (IID). I assumed I could drive as long as I have the court papers, but I want to make sure this is correct. Is there anything else I should be aware of?

James L. Arrasmith
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answered on Jun 25, 2025

If the court has granted you a hardship license in Indiana, you are legally allowed to drive—but only within the specific terms set by the court. This usually means driving strictly for work, medical appointments, school, or other court-approved purposes. Simply carrying the court papers is not... View More

1 Answer | Asked in Domestic Violence, Child Custody, Child Support, Employment Law, DUI / DWI and Family Law for Indiana on
Q: Worried about custody after no-contact order ends with husband (IN)

I'm concerned about what to do after a 10-day no-contact order with my husband ends, as I fear he might try to take our young daughter out of the house. He previously attempted to drag me out of the car while our toddler watched. I haven't filed for custody or a protection order yet, but... View More

James L. Arrasmith
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answered on May 14, 2025

vYour safety and your child’s well-being come first, so it’s important to act quickly and thoughtfully. If you fear that your husband may try to take your daughter or put her in danger after the no-contact order ends, you should strongly consider filing for a protection order that includes both... View More

1 Answer | Asked in Criminal Law, DUI / DWI, Cannabis & Marijuana Law and Traffic Tickets for Indiana on
Q: Timeframe for court hearing on specialized driving privileges and plea deal options in Indiana OWI case

I was charged with OWI in July 2024. I filed for specialized driving privileges in December 2024 in Pike County, Indiana. The initial hearing was scheduled for February 24, but it was delayed due to my lawyer not showing up. My next hearing is on April 30. The state offered a plea deal to dismiss... View More

James L. Arrasmith
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answered on Apr 16, 2025

Your request for specialized driving privileges in Indiana should generally be addressed within a few weeks to a few months after filing, depending on the court’s docket and any delays caused by continuances. Since your February hearing was postponed due to your attorney’s absence, the new... View More

1 Answer | Asked in Criminal Law, DUI / DWI and Traffic Tickets for Indiana on
Q: Can I request specialized driving privileges at my court date in Indiana without an attorney?

I have a pending court date this Tuesday for a misdemeanor charge of driving while suspended. Previously, my license was suspended due to an arrest for OWI in 2016, and I was granted specialized driving privileges at that time. My current suspension resulted from failing to pay a ticket, and I was... View More

James L. Arrasmith
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answered on Apr 12, 2025

Yes, you can request specialized driving privileges on your own in Indiana, even without an attorney. Since you’ve already downloaded the correct forms and understand your court date, you're taking the right steps. The judge will expect a properly completed petition, and as long as your... View More

1 Answer | Asked in Criminal Law and DUI / DWI for Indiana on
Q: If a hospital blood draw is under the legal limit and then the state lab draw is over the legal limit can you fight?

The state lab took 6 months

Andrew L. Bennett
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Andrew L. Bennett
answered on Mar 19, 2024

If the two blood draws are done close in time to where there should be a comparable result, then it does become an evidentiary issue as to what is the correct blood score. You should consult with and experienced OWI attorney.

1 Answer | Asked in DUI / DWI for Indiana on
Q: What does OMNB form mean in court?

It was a motion filed and I’m not sure what exactly that means

Andrew L. Bennett
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Andrew L. Bennett
answered on Jan 3, 2024

It looks to be an abbreviation for onmibus which is a hearing date that is a deadline date for filing certain motions and defenses. You should discuss this with your attorney.

2 Answers | Asked in Criminal Law and DUI / DWI for Indiana on
Q: What are the chances of getting a felony 6 due to a DUI in the last 7 years to a misdemeanor?
Andrew L. Bennett
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Andrew L. Bennett
answered on Aug 23, 2023

It will depend on many factors including, how long since the last conviction and the strength of the prosecutor's case among other factors. Many counties will allow a reduction after completing probation. You should consult with a criminal defense attorney who practices in the county where... View More

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1 Answer | Asked in DUI / DWI and Car Accidents for Indiana on
Q: Can postpartum depression be considered in court in a DUI case?

If you were drinking due to severe depression and anxiety will a judge take that into factor.

Andrew L. Bennett
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Andrew L. Bennett
answered on Aug 21, 2023

It should be considered as a mitigating factor by the prosecutor and the judge, which goes to considerations at sentencing, but it is not a defense to the OWI charge.

2 Answers | Asked in DUI / DWI for Indiana on
Q: Can a person receive jail time if they have a 2nd DUI and resist arrest?

She tried to escape police, and they had to blow her tires.

Joel D. Hand
Joel D. Hand
answered on Aug 20, 2023

Yes. A person convicted of a second OVWI in Indiana will be required to serve no less than 5 days in custody or no less than 240 hours of community service work. This is true regardless of how long ago the prior conviction was.

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1 Answer | Asked in DUI / DWI and Gov & Administrative Law for Indiana on
Q: I was in the process of moving to Indianna from Illinois and while traveling to Illinois in a gas station parking lot

I hit the gas peddle and not the break by mistake while parking my car. I am being charge with Indiana Statute 9-30-5-2(a) & (b).

I need to change my driver's license from Illinois to Indiana to include my redencey. Can I still change my car title, DL etc and my redency to... View More

Andrew L. Bennett
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Andrew L. Bennett
answered on Aug 9, 2023

Yes, go change your license to Indiana sooner than later. The court should not suspend your license until the initial hearing, therefore the BMV should not know of the offense. If you do not change your license, and are convicted Illinois will suspend/revoke your license and it will be... View More

1 Answer | Asked in Criminal Law, DUI / DWI and White Collar Crime for Indiana on
Q: Can anyone help me ?? 2 lawyers have withdrew for bigger permenent jobbs which i guess i undwrstand I need lawyer &advic

owi, i have epilepsy. went long enough to get my licence, it had been years since one, my doc lowered it by 200mg and i felt it coming on so i pulled over parked at a bussiness. its complicated, my doc and my polypharmacist have both stepped in but after 1st lawyer left the 5 days ago now 2nd... View More

Joel D. Hand
Joel D. Hand
answered on Nov 17, 2022

It sounds as though there is at least a possibility that you may have a defense to one or more of charges that you could be facing but there is not sufficient information in your post to know for certain. I strongly recommend that you reach out to an experienced OVWI/criminal defense attorney who... View More

1 Answer | Asked in Criminal Law and DUI / DWI for Indiana on
Q: I backed up into my neighbors car while intoxicated and left the scene. What changes should I expect?

I saw her later that day and gave her my insurance information and told her I was intoxicated, she told the officer that I was intoxicated. When I when to the police station the next day to give my statement I told him I was intoxicated when I backed into her car, panicked and left the scene.

Andrew L. Bennett
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Andrew L. Bennett
answered on Aug 26, 2022

Unless the police have more than your admission of being intoxicated, I do not see how you could be prosecuted for an OWI. However, you will very likely be charged with leaving the scene of an accident. From this point forward, you should not speak to your neighbor about the situation, nor the... View More

1 Answer | Asked in Criminal Law and DUI / DWI for Indiana on
Q: How can someone be arrested for possession of narcotic and possession of meth f6 off one bag?

Bag was under 1g of powder and field test lightly as cocaine according to cops found in my mother's jeep after it was stolen and recovered but nothing ever searched in it so I drove it cause she let me and then cops find drugs in it. 2 f6 charges pending now

James A Hanson
James A Hanson
answered on May 22, 2022

You need to stay off of these websites and speak only with your attorney about these charges. From what you posted, there may be a defense in your case, but you could ruin your entire case by sharing details of your case publicly.

Talk with your attorney about the charges privately and work...
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