Local DUI Laws

Understanding If and When OWI Charges Can Be Dropped in Indiana

Being charged with OWI (Operating While Intoxicated) in Indiana can feel like a final verdict—but in some cases, charges may be dropped. It’s important to understand that being charged with OWI does not automatically mean a person will be convicted. Like other criminal charges, OWI cases must move through legal procedures, and there are circumstances where charges may be dismissed or reduced.

Dropping OWI charges is not common, but it is possible under specific conditions. These situations often involve procedural issues, evidence problems, or legal exceptions that prevent the case from moving forward. However, the decision to drop charges is not made by the person arrested—it is made by the prosecuting attorney or the court based on the merits of the case.

Understanding the difference between a charge being dropped, reduced, or resulting in a diversion agreement helps clarify how the OWI legal process works in Indiana. This post outlines the main reasons why OWI charges might be dropped, the role of prosecutors in that decision, and the circumstances where such outcomes are more likely.

How OWI Charges Are Initially Filed in Indiana

When a person is arrested for OWI in Indiana, charges are filed shortly afterward by the local prosecutor’s office. The initial charges are usually based on:

• Chemical test results (e.g., BAC at or above legal limits)
• Officer observations during the stop
• Performance on field sobriety tests
• Driving behavior prior to the stop

The charges can range from a Class C misdemeanor to a Level 6 felony, depending on the circumstances. For example, a high BAC reading, the presence of minors in the vehicle, or previous OWI convictions can all result in more serious charges.

Once filed, the case moves into the court system. The charges will remain active unless there is a legal reason to dismiss or amend them. This is where the possibility of dropping charges may come into play—but it depends entirely on the specifics of the case and the decisions made by the prosecuting attorney.

Common Reasons OWI Charges May Be Dropped

Although not routine, there are several scenarios where OWI charges may be dropped in Indiana. These include:

• Insufficient evidence: If key evidence is missing or weak—such as low BAC results, unrecorded field tests, or unclear officer observations—the prosecutor may decide not to move forward.
• Procedural errors: Mistakes during the traffic stop or arrest, such as improper handling of chemical tests or failure to read rights, can weaken the case.
• Unlawful stop: If the initial traffic stop lacked a valid legal basis, any evidence gathered afterward may be inadmissible.
• Test equipment issues: Malfunctioning or uncertified breathalyzers can cast doubt on BAC results.
• Chain of custody problems: If test samples are mishandled or documentation is incomplete, this can compromise the prosecution’s case.

In these cases, the prosecutor may decide that pursuing the case is not in the interest of justice or may result in acquittal. Charges can be dropped before trial, often after pretrial hearings or discussions.

However, even if charges are dropped, administrative actions—such as license suspension from the Indiana BMV—may still stand.

Prosecutor Discretion and Legal Strategy

In Indiana, the decision to drop OWI charges lies with the county prosecutor’s office, not the arresting officer or the person charged. Prosecutors review all available evidence and determine whether there is enough to pursue a conviction.

In some cases, even when the evidence appears weak, the prosecutor may proceed in hopes of negotiating a plea agreement. However, if the evidence is clearly flawed or a legal error occurred, they may choose to drop the charges altogether.

Prosecutors also consider:

• Court resources
• The defendant’s history
• Public safety concerns
• Policy priorities of the jurisdiction

For first-time offenders with low BAC readings and no aggravating circumstances, prosecutors may be more open to dropping or reducing charges—especially if the person is cooperative and complies with court procedures.

It’s worth noting that dropping charges doesn’t necessarily mean the person was found not guilty. It means the case won’t proceed to trial or further court action under the original charges.

Diversion and Deferral Programs in Indiana

In some Indiana counties, pretrial diversion or deferral programs may be available for certain OWI cases, particularly first-time, non-aggravated offenses. These programs are not the same as charges being dropped outright, but they may lead to dismissal after successful completion.

Typical requirements of such programs include:

• Alcohol education or treatment classes
• Community service
• No new offenses during the program period
• Regular check-ins with program coordinators

If the participant completes all requirements, the charges may be dismissed, resulting in no conviction on record. However, the initial arrest may still appear on background checks and the driving record unless expunged later.

Eligibility for diversion programs varies by county and is determined on a case-by-case basis. The prosecutor’s office controls access and outlines the terms of participation.

While not technically a charge being “dropped,” successful completion of a diversion agreement can lead to the same result—dismissal of charges and no formal conviction.

Can Charges Be Dropped After Formal Filing?

Yes, OWI charges in Indiana can be dropped after they have been formally filed, but this depends on the development of the case. Reasons include:

• New evidence that contradicts earlier findings
• Suppression of key evidence by the court
• Witnesses becoming unavailable or unreliable
• Negotiated agreements as part of legal strategy

These outcomes usually happen during pretrial conferences or motion hearings. Defense attorneys may file motions to suppress evidence or challenge test results, and if the court rules in their favor, the case may become too weak to pursue.

Prosecutors may also agree to drop charges in exchange for participation in a treatment program or admission to a lesser offense like reckless driving or public intoxication. These alternatives may carry fewer penalties and avoid a full OWI conviction.

It’s important to note that once charges are dropped, they generally cannot be refiled unless new evidence emerges or the dismissal was without prejudice.

Impact on Driving Record and Legal Record

Even if OWI charges are dropped, the incident may still leave a record. Key impacts include:

• Arrest records: The arrest is recorded by law enforcement and may appear in background checks.
• BMV records: Administrative license actions may still be enforced, even without a conviction.
• Expungement eligibility: Dropped charges may be eligible for expungement under Indiana law, but the process is separate and not automatic.

If the OWI charge is dropped before any plea or conviction, the legal consequences are significantly reduced. However, individuals may still need to take steps to clear their records if they want to avoid long-term effects.

Understanding these distinctions is crucial for anyone involved in an OWI case, as the absence of a conviction does not always mean the event disappears from public records.

FAQ: Dropping OWI Charges in Indiana

Can OWI charges be dropped automatically in Indiana?
No. Charges are only dropped by the prosecutor, typically based on lack of evidence or legal issues.

Does a clean driving record help get charges dropped?
A clean record may influence the prosecutor’s decision, but it doesn’t guarantee dismissal.

Are dropped charges removed from your record?
No. You may need to file for expungement to remove records of the arrest and charge.

Can a refusal to take a breath test lead to dropped charges?
Refusal complicates cases but usually results in license suspension. It rarely leads to dismissal.

Can I ask the court to drop OWI charges?
Only the prosecutor can dismiss charges. The court can suppress evidence, which may lead to dismissal.

Do diversion programs count as charges being dropped?
If completed successfully, yes—the charges are dismissed, but the arrest record may still exist.

Can charges be dropped after a court appearance?
Yes. Charges can be dropped at any point before a conviction, depending on the case’s progress.

Conclusion

While not common, OWI charges in Indiana can be dropped under specific circumstances—especially if evidence is weak, legal procedures weren’t followed, or a diversion program is completed. The decision rests with the prosecutor and depends on multiple factors including the quality of the evidence and the details of the case.

To better understand the legal process of OWI cases in Indiana, visit our How DUI Laws Work guide. For an overview of how OWI charges are filed and handled by prosecutors, check out How DUI Charges Are Filed and Prosecuted.