INDIANA DUI COURT PROCESS

This section contains a brief overview of the criminal court process that typically occurs in Indiana OWI cases. For more information on the civil administrative process, click on the Indiana Driving tab.

ARRAIGNMENT

The first court appearance following an arrest for OWI in Indiana is called an arraignment. At this hearing, the OWI offender will go before a judge who will formally read the charges that have been filed. The OWI offender will be asked to enter a plea. If a plea of guilty is entered, it will be placed on the record and a sentence will be imposed. If a plea of not guilty is entered, the case will proceed to trial. If eligible, the judge will inform the offender that he/she may chose to enroll in the pretrial diversion program.

DIVERSION PROGRAM - First time offenders may be eligible for deferment and dismissal of charges. In exchange for license suspensions that range from 30 days - 1 year and participation in an alcohol treatment program and other conditions of probation, all charges will be dropped and no DUI conviction will be placed on the offender's record.

PRETRIAL HEARING/CONFERENCE

The purpose of the pretrial hearing is to update the judge on the progression of your case. Problems with discovery and issues with scheduling may be addressed. A pretrial conference may occur in which the defense attorney will meet with the prosecutor to attempt to negotiate a plea. If a plea agreement is reached, it will be presented to the judge and formally entered onto the record. If no plea agreement is obtained, then the case will proceed to trial.

PRETRIAL MOTION HEARINGS

Defense attorneys wishing to file motions to exclude certain evidence will file a motion with the court. A hearing will be held during which testimony may be heard and evidence presented. The most common motion in an Indiana OWI case is a motion to suppress chemical test results. If successful, the judge will grant the motion and the evidence will be inadmissible at the defendant's trial.

TRIAL

Most Indiana OWI cases are resolved prior to trial. If, however, the case does proceed to trial, either a bench trial or a jury trial will be held. In a bench trial, a judge will preside over the case and resolve issues of law as well as issues of fact. In a jury trial, the judge rules on issues of law and instructs a jury panel who will decide the issues of fact. Regardless of the type of trial that occurs, upon a guilty verdict the OWI offender will proceed to the sentencing process. If a not guilty verdict is returned, the case and all charges will be dismissed.

APPEAL

Following a guilty verdict in an Indiana OWI trial, the defendant will have an opportunity to apply to higher courts for review. A written request for an appeal must be made timely however, or the right to review will be considered "waived."