Difference Between a DUI, DWI, and OWI in Indiana

If you’ve been charged with impaired driving in Indiana, you may see acronyms like DUI, DWI, or OWI used interchangeably. While these terms all relate to operating a vehicle under the influence of alcohol or drugs, Indiana law specifically uses the term OWI—Operating While Intoxicated. Understanding the distinctions and how they apply in Indiana can help you better navigate your legal options.

How Does Indiana Define DUI, DWI, and OWI?

Driving under the influence of alcohol or drugs is illegal in all 50 states. However, different states use different terminology:

DUI (Driving Under the Influence):Commonly used in many states to describe operating a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher, or driving while impaired by alcohol or drugs.
DWI (Driving While Intoxicated or Impaired):In some jurisdictions, DWI refers to impairment by alcohol, drugs, or a combination of both.
OWI (Operating While Intoxicated):Indiana uses OWI as its official legal term. This charge applies whether the impairment is due to alcohol, illegal drugs, prescription medications, or even over-the-counter substances.

Under Indiana Code § 9-30-5, OWI includes operating a vehicle:

With a BAC of 0.08% or higher, or
While intoxicated by alcohol, drugs, or a combination, regardless of BAC.

Can Prescription Drugs Lead to an OWI?

Yes. Even if you are taking a legally prescribed medication, you can be charged with OWI if that substance impairs your ability to safely operate a vehicle. Courts do not differentiate between legal and illegal substances when impairment is proven.

Are OWI Charges Always Misdemeanors?

Not always. Many first-time OWI charges in Indiana are classified as Class C or Class A misdemeanors, but several factors can elevate the charge to a felony, including:

Prior OWI convictions (especially within the past five years).
Causing serious bodily injury or death.
Driving with a minor passenger in the vehicle.
Driving with a suspended license.
Refusing a chemical test after a prior OWI.

A felony OWI conviction carries steeper penalties, such as longer jail time, higher fines, longer license suspensions, and potential loss of employment opportunities.

What Happens if I Refuse a Breath or Chemical Test in Indiana?

Indiana’s implied consent law (Indiana Code § 9-30-6-1) states that by operating a vehicle, you automatically agree to submit to chemical testing if requested by law enforcement. Refusing to take a breath, blood, or urine test can result in:

Automatic license suspension for one year, or
Two-year suspension for a second refusal.

Refusing a chemical test does not prevent prosecutors from charging you with OWI. Officers may still arrest you based on other evidence of impairment, such as field sobriety test results or observed behavior.

Can an OWI Charge Be Dismissed or Reduced?

Yes. With the help of an experienced defense attorney, it may be possible to have an OWI charge reduced or even dismissed. Common legal strategies include:

Challenging the legality of the traffic stop. If the officer lacked reasonable suspicion, the stop may be deemed unconstitutional.
Questioning the accuracy of chemical testing. Mishandling, faulty equipment, or improper procedures can undermine test results.
Asserting constitutional violations. Such as improper Miranda warnings or unlawful searches.
Negotiating plea deals or diversion programs. Some first-time offenders may qualify for pre-trial diversion, which can lead to reduced penalties or case dismissal upon successful completion.

Outcomes depend heavily on the facts of the case, the quality of the evidence, and the legal approach used by your defense team.

Talk to a South Bend OWI Defense Lawyer at Wilson & Kinsman, LLC

If you’ve been charged with OWI in South Bend or anywhere in northern Indiana, the South Bend OWI defense lawyers at Wilson & Kinsman, LLC are here to protect your rights. Call 574-522-1900, book online now, or submit a form for your free consultation. Located in Elkhart and South Bend, Indiana, we serve clients in Marshall, LaGrange, Kosciusko, LaPorte, Porter, Lake, Noble, Whitley, Elkhart, and St. Joseph.

Give us a call!

574-522-1900

Testimonials

Read what our former clients have to say:

Eternally grateful to Eric Kinsman and his staff

Eric Kinsman is a kind, professional, and compassionate lawyer who saved our lives when we were falsely accused. We were terrified, confused, and stunned by the situation and he gave us guidance and help in the most stressful moment in our lives. He knows how to break down the game plan in easy to understand language so you know what is going to happen and you don’t feel disconnected or unsure of what is happening. He is very talented and knowledgeable and knows how to work with the prosecutor and really help his clients through the whole process. You’re not a number in Eric’s office – you’re a person and his staff treats you that way too. I will be eternally grateful to Eric Kinsman and his staff and their kindness and compassion.

L.M.

Incredibly thankful

I would like to first give thanks to Eric Kinsman for all he has done for me. I got a criminal mischief charge and was facing a year in jail, this is because I have a past that didn’t look good on me. The prosecutor was determined to get me jail time which gave me high stress, it’s been a long 6 months. What Eric did behind the scenes was incredible not only did he keep me informed on everything the whole time dealing with this case, he also managed to talk the prosecutor into giving me good behavior for a year. I didn’t think there was a chance in the world to make this happen but with the great knowledge he carries he seen things most would have not in this case. He was determined to keep me out of jail and off papers. I’m incredibly thankful to have chosen him as my attorney in this case.

N.W.

Went out of their way to help me with my case

Tom Wilson and his team went out of their way to help me with my case. I had different attorneys throughout the 4.5 years, Tom and the team picked up and finished my case at awesome time. Thank you Tom and your team are very awesome!!!!!

L.S.

Fought my case relentlessly

This law firm fought my case relentlessly for two years to get the settlement that I was seeking.

C.A.

Honest and professional

I was charged with an OWI in Elkhart County and Eric was my first call. He was very helpful and personable throughout the entire process. I certainly appreciated his honesty and professionalism. Eric is definitely well experienced in handling these matters. Thanks to his help and guidance, we were able to have all of our necessary steps done before going to court that helped to retain driving privileges. The judge even remarked at how well the case had been managed during the hearing. With Eric’s help, I was able to obtain specialized driving privileges very promptly. I am still able to tend to my life’s responsibilities and my work. I would highly recommend Eric to anyone else needing help with OWI/DUI charges.

anonymous

A man of utmost integrity

Tom is very kind and personable. He is a great attorney to work for and work with. He is a man of the utmost integrity and is forthright in his practice. I would confidently recommend his legal services to any person I cared about.

Kayla Christofeno

5 stars from start to finish

5 Stars from start to finish – Tom is real and knew exactly what to do to navigate through the obstacles and achieve the best outcome in my case. He got it done, well-done, but more importantly, time and again, Tom and his team demonstrated that they possessed the empathy, foresight, professionalism, and organizational capability to make the difference I needed as they managed my case to a successful conclusion. The team at Wilson Law were attentive and supportive, the terms were fair and affordable, the relationship was forthcoming and they enabled me to confidently understand and manage my own role in my own case.

M.L.

What Is the Difference Between a DUI, DWI, and OWI in Indiana?