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Indiana officially calls it operating while intoxicated, or OWI, though most people know it as a DUI, and a conviction can affect your license, your finances, and in some cases your freedom. DUI and OWI charges cover driving with a blood alcohol concentration at or above the legal limit, or driving while impaired by alcohol or drugs even if a specific blood alcohol concentration threshold isn’t met, and the penalties escalate quickly with prior offenses.
Indiana sets the legal blood alcohol limit at 0.08 percent for drivers 21 and older operating a standard vehicle, 0.04 percent for commercial drivers, and 0.02 percent for drivers under 21. A first offense is generally charged as a Class C misdemeanor, carrying up to 60 days in jail and a fine of up to 500 dollars, though it can be elevated to a Class A misdemeanor, carrying up to a year in jail and a fine of up to 5,000 dollars, if the blood alcohol concentration was 0.15 percent or higher or if the offense involved endangering another person. A second OWI within seven years is generally charged as a Level 6 felony, and a third OWI is charged as a Level 6 felony regardless of how much time has passed since the prior offenses, since Indiana applies a lifetime lookback once a person reaches a third offense.
Under Indiana’s implied consent law, anyone who drives on Indiana roads is considered to have consented to a chemical test if an officer has probable cause to believe they were driving while intoxicated. Refusing that test generally triggers an automatic one year license suspension, or two years if the driver has a prior OWI conviction, and unlike many other license suspensions, a refusal suspension generally isn’t eligible for a hardship or specialized driving privilege that would otherwise allow limited driving for work or other essential needs. A recent change in Indiana law, effective at the start of 2026, also allows judges to place a restriction barring alcohol purchases on the license of someone convicted of an extreme OWI offense.
OWI cases often turn on details, whether the traffic stop was justified, whether the chemical test was administered correctly, and whether the officer followed proper procedure, which is exactly the kind of case that rewards careful, trial-tested attorneys. Will Riley and Russell Cate lead our DUI defense team. Russell Cate is recognized as a Super Lawyer with decades of litigation experience, and Will Riley’s Super Lawyers, Top 100 Trial Lawyers, and AV Preeminent recognition reflects that same trial-tested credibility.
Will and Russell personally oversee every case we take on, staffing it with the attorneys, associates, and staff the matter calls for based on its size and complexity, so your case gets careful, detailed attention from the outset.
Nobody plans to need a lawyer. When something goes wrong, what you need first is someone who will listen, tell you honestly where you stand, and take the next steps off your plate. That is how every case at RileyCate, LLC begins.
We represent individuals, families, and small businesses across Fishers, Indianapolis, and surrounding counties in personal injury and complex litigation, business and real estate disputes, criminal defense, and appeals.
Will Riley and Russell Cate personally oversee every matter, staffing each case to its size and complexity. Both are recognized as Super Lawyers and have argued before the Indiana Court of Appeals and Supreme Court. Will also holds an AV Preeminent rating from Martindale-Hubbell and a Top 100 Trial Lawyer designation.
We are trial-tested, not just settlement-focused. We have tried hundreds of cases, because insurance companies, opposing businesses, and prosecutors negotiate differently with a firm willing to go the distance.
If you’ve been arrested for OWI or DUI, the decisions you make in the days immediately after your arrest, including whether and how to respond to a license suspension, matter a great deal. We offer a consultation to review your arrest and explain your options. Reach out to RileyCate today to speak with a DUI and OWI attorney.
