< Back to Indiana Criminal Defense Attorneys page
Noblesville OWI/OVWI Attorney
Your License. Your Record. Your Future.
Fight an OWI Charge With a Noblesville OWI Lawyer
An operating a vehicle while intoxicated (OWI) arrest can turn your life upside down in hours. Your license may already be at risk. Your employer may find out. Your family may be asking questions. Your name is now tied to a criminal charge before the State has proved anything. That does not mean you accept the report, the testing, or the state’s version of what happened.
If you are searching for a Noblesville OWI/OVWI attorney, you need more than someone who can explain the charge. You need someone who will go back through the stop, the search, the officer’s report, the field tests, the chemical testing, and the timeline.
At Summerfield–Dandurand Law Group, LLP, Founders of Custom Law, we represent clients facing OWI and other criminal charges in Noblesville, Hamilton County, and throughout Central Indiana. Our attorneys include former prosecutors who know how the state builds an OWI case and where the record deserves a harder look.
Here’s what matters: an OWI charge is not a conviction.
The state still has to prove its case. We prepare cases with trial in mind from the beginning, whether your matter ultimately goes to trial or is resolved another way.
How Can a Noblesville OWI/OVWI Attorney Help You?
An OWI case can involve much more than a breath test. The circumstances leading to the traffic stop, the officer’s observations, field sobriety testing, chemical testing, statements, and other evidence may all become important.
Indiana’s Criminal Justice Institute reports that more than 14,000 Hoosiers were arrested for OWI in 2022.
At Custom Law, we examine the evidence and the circumstances surrounding your arrest. Depending on your case, that may include reviewing:
- The reason for the traffic stop
- The officer’s observations and investigation
- Field sobriety testing
- Portable breath testing
- Chemical test results
- Blood or urine testing
- The charging documents
- Whether proper procedures were followed
- Your prior OWI or criminal history, where relevant
Indiana treats operating a vehicle while intoxicated as a criminal offense, and the Indiana Bureau of Motor Vehicles notes that an OWI can also have significant consequences for driving privileges.
The consequences can become more serious when an allegation involves a high BAC, drugs, a prior OWI, a minor passenger, serious bodily injury, or a death.
Here’s what you should not assume: the number on a test result is not the entire case.
An attorney looks at how that evidence was obtained, what it actually establishes, and whether there are legitimate issues that should be raised in your defense.
Why Choose Custom Law for an OWI Case?
By the time you are charged, the officer has written a report, test results may already exist, and the prosecution has a file to work from. Your defense should not start with accepting that version of events.
Robert Summerfield Has Experience on Both Sides
Robert Summerfield is the firm’s founding partner and CEO. His experience includes serving with both the Hamilton County and Madison County Prosecutor’s Offices before building his career as a defense attorney.
As a former trial attorney in the prosecution, he knows what prosecutors look for when they decide how to charge a case and what evidence they expect to rely on. That matters when the defense starts pulling apart the stop, the testing, and the State’s theory.
Trial Preparation Starts Early
An OWI case does not have to reach a trial before trial preparation becomes important.
We develop cases with courtroom litigation in mind from the beginning. That does not mean every case goes to trial. It means we do not wait until the last minute to examine the evidence, challenge weak points, or decide what the state must prove.
A case may ultimately be resolved through negotiation or another outcome. Preparation does not change simply because a trial may not happen.
Your Case Is Not a Template
Two people can face the same OWI charge and have completely different cases. Different stop. Different report. Different testing. Different medical history. Different video. Different prior record.
We build from what actually happened in yours.
Local Representation in Noblesville and Hamilton County
Our Noblesville office serves clients in Hamilton County and throughout Central Indiana.
Local knowledge matters because an OWI case is not defined solely by the Indiana Code. It moves through a particular court system, involves local law enforcement and prosecutors, and follows the procedures applicable to the court handling the matter.
We also maintain an Anderson office and serve clients across Central Indiana.
Nicholas Dandurand Brings Additional Legal Experience
Nicholas Dandurand is a partner and the COO.
Before joining the firm, Nick worked with Arnold & Porter LLP on e-discovery workflows and served as a deputy prosecutor in Hamilton County. His experience across different areas of law adds another perspective to the firm’s representation of clients facing legal disputes.
Indiana OWI Charges We Handle
OWI allegations can range from a first misdemeanor charge to serious felony accusations involving injuries or death. The exact charge depends on the circumstances and applicable Indiana law.
Operating a Vehicle While Intoxicated
Indiana Code § 9-30-5-1 is the core statute governing the operation of a vehicle while intoxicated.
For most drivers age 21 or older, an alcohol concentration of 0.08% or more can support an alcohol-related OWI charge. Indiana also applies lower thresholds in certain circumstances:
- 0.08% for drivers age 21 and older under the general OWI law
- 0.02% for drivers under 21 under Indiana’s applicable underage OWI provisions
- 0.04% for a person operating a commercial motor vehicle under the circumstances covered by Indiana law
The alcohol concentration is only one part of an OWI case. Indiana law also addresses operating while intoxicated based on impairment, including impairment involving controlled substances and other drugs.
That means the State may rely on more than a BAC result. Officer observations, field sobriety testing, statements, chemical testing, video, and other evidence can all become part of the case.
High-BAC OWI
A higher BAC can affect the level of the charge and potential consequences.
When a case involves a high-BAC allegation, we examine the test evidence and the circumstances surrounding the test. A high number gets attention. It still has to come from evidence the State can rely on.
We look at the test, the procedure, the timing, and the record behind the result.
Drug-Related OWI
Indiana OWI law also addresses impairment involving controlled substances and other drugs.
Drug-related cases can present different evidentiary questions from alcohol cases. A chemical test showing the presence of a substance does not necessarily answer every question about impairment, and the circumstances of the investigation matter.
Repeat OWI Charges
A prior OWI conviction can significantly change the legal consequences of a new allegation.
Under Indiana Code § 9-30-5-3, a new OWI can be elevated to a Level 6 felony when the person has a qualifying prior OWI conviction within the seven years immediately preceding the new violation. More serious felony classifications can apply when prior OWI convictions involve serious bodily injury, death, or catastrophic injury.
That seven-year period matters. Older Indiana materials may refer to a five-year lookback period, but the current statute uses a seven-year lookback period.
If you have a prior OWI, the dates and circumstances of that conviction need to be reviewed carefully, rather than assuming your current charge will be treated like a first offense.
Indiana OWI Penalties and Charge Classifications
The potential consequences of an Indiana OWI depend on the specific offense and circumstances. The general statutory sentencing ranges for the classifications that may arise in OWI cases include:
| Classification | Potential Incarceration | Maximum Fine |
| Class C misdemeanor | Up to 60 days | $500 |
| Class B misdemeanor | Up to 180 days | $1,000 |
| Class A misdemeanor | Up to 1 year | $5,000 |
| Level 6 felony | 6 months to 2½ years | $10,000 |
| Level 5 felony | 1 to 6 years | $10,000 |
| Level 4 felony | 2 to 12 years | $10,000 |
These are statutory ranges, not predictions about what will happen in an individual case.
The classification can depend on factors such as BAC, prior convictions, injuries, deaths, and other circumstances. Under Indiana Code § 9-30-5-1, for example, certain alcohol-related OWI conduct can be charged at the misdemeanor level, while other circumstances can result in felony charges.
When someone asks, “How much is a DUI in Indiana?” the answer cannot be reduced to a single fine. An OWI can affect incarceration exposure, driving privileges, employment, insurance, and your criminal record.
OWI Charges Involving Injury or Death
The stakes become substantially higher when an OWI allegation involves an accident that caused serious bodily injury, catastrophic injury, or death.
These cases can involve felony charges and significant exposure to incarceration. The circumstances of the collision, the evidence of intoxication, causation, and the nature of the injuries can all become important issues.
When an OWI case involves serious injury or death, early legal representation is particularly important because the potential consequences are much greater.
Portable Breath Tests, Chemical Tests, and Refusal
Not every breath test is the same.
A portable breath test (PBT) used during a roadside investigation is different from the formal chemical testing addressed by Indiana’s implied-consent laws. The distinction can matter when evaluating the evidence against you.
Indiana Code § 9-30-6-1 establishes implied consent to chemical testing under the circumstances provided by law. A properly requested formal chemical test can therefore carry consequences beyond the criminal OWI case.
A refusal of a formal chemical test can result in a driver’s license suspension under Indiana law. The length and circumstances of the suspension depend on the applicable provisions and the person’s history.
That does not mean every roadside request should be treated as a formal chemical test.
If you are worried because you refused to blow into a device, we need to know which test was requested, where it happened, what the officer said, whether warnings were provided, and what happened next.
At Custom Law, we examine that sequence rather than treating every “breath test” as the same thing.
What Should You Expect When You Hire an OWI Attorney in Noblesville?
The process depends on the facts of your case, but effective OWI representation begins with understanding what happened and examining the evidence before deciding how to proceed.
Step 1: Tell Us What Happened
We need the full story, including the parts you think hurt your case. Be straight with us. You do not need to impress us, and we are not here to moralize. We need the truth so we can deal with the case that actually exists.
Step 2: Review the Evidence
We examine the available evidence and identify the information the State is relying upon.
Depending on the case, this may include police reports, charging documents, video, chemical test results, field sobriety observations, and other available records.
We do not build a defense from the charge alone. We build it from the record.
The report says one thing. The video may say something else. A test result may look strong until you examine how it was obtained. We want to know what the evidence actually shows before you make decisions about your case.
Step 3: Examine the Stop and Investigation
The circumstances leading to the stop can matter.
We examine whether the investigation complied with applicable legal requirements and whether the State’s evidence supports each element of its case.
Field sobriety testing can become a major part of the officer’s report. Indiana law enforcement officers receive focused training in standardized field sobriety testing, and Indiana’s Criminal Justice Institute maintains programs covering SFST, drug recognition evaluation, and other impaired-driving enforcement.
That means the details surrounding these tests can become important evidence in an OWI case.
Step 4: Address License Consequences
An OWI can create consequences outside the criminal case.
According to the Indiana BMV, a failed chemical test may result in a suspension of driving privileges for up to 180 days, while refusing a chemical test may result in a suspension of up to 2 years, depending on the circumstances.
If you need your license to work, get your kids to school, or keep your life moving, a suspension is not a minor inconvenience. We have looked at the licensing issue alongside the criminal case from the beginning.
Step 5: Develop the Defense Strategy
Once we know what the evidence actually says, we decide what needs to be challenged and what the state must prove.
That can mean attacking the basis for the stop, testing evidence, statements, procedure, or other parts of the prosecution’s case when the facts support it.
Step 6: Resolve the Case
An OWI case can end in different ways.
An OWI case can end through negotiated resolution, contested hearings, trial, or other lawful disposition, depending on the facts and rulings in the case. If the matter proceeds to court, we advocate for your position and challenge the state’s evidence where the law and facts allow.
Throughout the process, we explain what is happening and what decisions may need to be made.
What Happens to Your License After an OWI?
Your driving privileges can be affected before the criminal case is completely resolved.
Indiana’s BMV explains that an OWI may result in a suspension for a failed chemical test or refusal, and a court may impose additional suspension consequences following a conviction. Specialized driving privileges and ignition interlock requirements may also apply in qualifying circumstances.
This is one reason an OWI should not be treated as simply a traffic ticket.
Your ability to drive may affect your employment, education, family responsibilities, and daily life. Understanding the administrative and criminal sides of the case is important.
Talk to a Noblesville OWI/OVWI Attorney Today
An OWI charge can leave you worried about your license, your job, your record, and what happens next. You do not have to make those decisions without understanding the case against you.
At Custom Law, we bring trial experience, prosecutorial perspective, and individualized representation to OWI cases in Noblesville and Hamilton County.
Custom Law goes back through the stop, the investigation, the testing, and the evidence. We tell you straight where the problems are, what the state can prove, and what deserves a fight.
Request a confidential case review with Custom Law.
The charge is serious. Your defense should be, too.
FAQs About Noblesville OWI/OVWI Cases
What is the difference between OWI and DUI in Indiana?
Indiana generally uses the term operating while intoxicated (OWI) for impaired-driving offenses. “DUI” is commonly used to describe similar offenses, but OWI is the terminology used in Indiana law.
Can I lose my driver’s license after an OWI arrest?
Yes. Indiana law provides for potential driving-privilege suspensions based on circumstances such as a failed chemical test or refusal, and additional consequences may follow a conviction.
Can an OWI become a felony in Indiana?
Yes. Certain circumstances, including qualifying prior OWI convictions and allegations involving serious bodily injury or death, can result in felony charges.
Do I have to perform field sobriety tests in Indiana?
Field sobriety testing is different from chemical testing under Indiana’s implied-consent laws. The circumstances surrounding a request to perform field sobriety tests and the legal consequences of declining can vary, so you should discuss your specific situation with an Indiana OWI attorney.
