Local DUI Laws

How OWI Arrests Begin During Indiana Traffic Stops

In Indiana, the term OWI—Operating While Intoxicated—is used instead of DUI. An OWI arrest doesn’t happen randomly; it’s the result of specific observations, behaviors, and tests that law enforcement officers are trained to recognize during a traffic stop. Understanding what triggers an OWI arrest in Indiana helps drivers know what to expect and how these situations typically unfold.

OWI arrests can stem from a range of driving behaviors and observations. Police officers initiate stops for various reasons, not all of which are directly related to alcohol or drug use. A driver might be pulled over for a broken tail light, speeding, or failing to signal a turn. What happens after that depends on the officer’s observations and any signs of potential impairment.

The process begins the moment an officer engages with the driver. Smelling alcohol, observing slurred speech, or noting delayed reactions can all escalate the situation. Field sobriety tests and preliminary breath tests (PBTs) are commonly used tools to evaluate a driver’s condition further. If these tests provide sufficient cause, an OWI arrest may follow.

This post outlines the main triggers for OWI arrests in Indiana, from the behaviors that catch an officer’s attention to the steps that lead to formal charges. The goal is to explain the process clearly, without offering legal advice or interpretation, so drivers understand how these situations develop under Indiana law.

Driving Behaviors That Can Lead to a Traffic Stop

An OWI arrest in Indiana almost always begins with a traffic stop. Officers don’t need to witness reckless driving to initiate a stop—any traffic violation can be enough to justify pulling a driver over. These are some of the most common behaviors that draw law enforcement attention:

• Speeding or driving significantly below the speed limit
• Weaving within or between lanes
• Failure to signal turns or lane changes
• Running stop signs or red lights
• Driving without headlights at night
• Frequent or abrupt braking

Even mechanical issues, like a non-functioning brake light or expired tags, can legally justify a stop. Once the vehicle is stopped, officers begin evaluating the driver for signs of impairment.

It’s important to understand that the officer does not need to suspect OWI before initiating the stop. Their primary concern at this stage is whether a traffic law was broken. However, the stop becomes more complex if signs of intoxication are observed during the interaction that follows.

Observable Signs of Impairment at the Scene

After initiating a traffic stop, Indiana law enforcement officers are trained to observe the driver for signs that could suggest intoxication. These signs are often what escalate a routine stop into an OWI investigation. Officers typically look for the following:

• Odor of alcohol or other substances from the vehicle or driver
• Slurred or mumbled speech
• Glassy or bloodshot eyes
• Slow or delayed responses to questions
• Difficulty producing a driver’s license or registration
• Open containers of alcohol within reach
• Unsteady movements when exiting the vehicle

Any combination of these factors can prompt the officer to proceed with further evaluation. These signs don’t prove impairment on their own, but they provide enough reason to investigate further using field sobriety or breath tests.

Indiana officers rely on these early observations to build reasonable suspicion of OWI. Once this threshold is met, they may ask the driver to step out of the vehicle and perform additional tests.

Field Sobriety Tests and Preliminary Evaluation

Field sobriety tests (FSTs) are commonly used during OWI traffic stops in Indiana. These are standardized physical and cognitive tests that help officers assess whether a driver may be impaired. Common FSTs include:

• Horizontal Gaze Nystagmus (HGN): Evaluates involuntary eye movements when following an object.
• Walk-and-Turn: Assesses balance, coordination, and the ability to follow instructions.
• One-Leg Stand: Measures balance and focus.

While drivers in Indiana can refuse to take field sobriety tests, refusal might not stop an arrest from occurring if other signs of impairment are evident. These tests help officers decide whether probable cause exists for an OWI arrest.

Some officers may also use a Preliminary Breath Test (PBT) device during the stop. This handheld breathalyzer gives a quick read of a driver’s Blood Alcohol Concentration (BAC). The result is not admissible in court, but it is used to support the officer’s decision to proceed with an arrest or further testing.

Importantly, failing these tests is not the same as being legally guilty of OWI. However, poor performance strengthens the officer’s belief that further action is warranted.

Chemical Testing and Implied Consent in Indiana

Indiana’s implied consent law requires drivers to submit to chemical testing if an officer has probable cause to believe they were operating while intoxicated. This means that by driving on Indiana roads, drivers automatically agree to submit to a certified test—usually breath, blood, or urine—if lawfully requested.

After a field evaluation, if the officer believes OWI is likely, the driver may be transported to a facility for certified chemical testing. This test determines the actual BAC or presence of controlled substances in the system. The legal BAC limit in Indiana is:

• 0.08% for drivers age 21 and older
• 0.04% for commercial vehicle drivers
• 0.02% for drivers under age 21 (under zero tolerance policy)

Refusing a chemical test has immediate consequences, including automatic license suspension, even without a conviction. These penalties apply separately from any criminal charges and are enforced by the Indiana Bureau of Motor Vehicles.

This step is critical in formalizing an OWI arrest. The chemical test result is often the strongest evidence in the case and is typically required to proceed with prosecution.

Situations That May Trigger Immediate OWI Arrest

While most OWI arrests in Indiana follow a process involving a stop, observation, and testing, there are situations where an officer may proceed more quickly to arrest. These include:

• Accidents involving injuries or property damage where impairment is suspected
• Admission of drinking or drug use by the driver
• Open containers found during the traffic stop
• Prior OWI convictions, which may increase officer suspicion
• Strong signs of impairment without the need for tests

In these cases, an officer may move forward with an arrest based on the severity of the situation or the risk presented by the driver. Testing may still occur after the arrest to confirm impairment and support legal proceedings.

Indiana law gives officers discretion when clear signs point to impairment or when public safety is at risk. These situations often lead to swift action and may result in both administrative and criminal consequences for the driver.

Administrative vs Criminal OWI Processes in Indiana

After an OWI arrest in Indiana, two separate processes may begin: administrative penalties through the Bureau of Motor Vehicles and criminal proceedings through the courts.

• Administrative penalties occur even if the driver is not convicted. These can include:
  • License suspension
  • Points on the driving record
  • Mandatory education or treatment programs
• Criminal penalties are pursued through the legal system and may include:
  • Misdemeanor or felony charges
  • Fines
  • Jail time
  • Probation or court supervision

These processes can overlap, and outcomes in one don’t necessarily affect the other. For example, a driver might avoid criminal charges but still face administrative suspension for refusing a chemical test.

Understanding this dual process is key to grasping how OWI enforcement works in Indiana. The arrest itself is just the beginning; drivers may face multiple stages of review and penalties.

Common Misconceptions About OWI Arrests in Indiana

There are several misconceptions about how OWI arrests occur in Indiana. Clarifying these can help drivers better understand the actual process.

Myth 1: You can only be arrested if you’re visibly drunk.
Reality: Visible intoxication is not required. BAC tests and other evidence are often enough.

Myth 2: You can’t be arrested unless you’re over the 0.08% limit.
Reality: Drivers under 21 or in commercial vehicles can face penalties at lower BAC levels.

Myth 3: Refusing all tests will prevent arrest.
Reality: Refusing tests may lead to arrest and automatic penalties.

Myth 4: You can talk your way out of it.
Reality: Officers rely on objective observations and test results, not personal explanations.

Myth 5: First-time OWI arrests don’t lead to serious consequences.
Reality: Even first-time offenses can result in fines, license loss, and long-term record impacts.

Clarifying these myths helps remove confusion and emphasizes the seriousness of OWI enforcement in Indiana.

FAQ: OWI Arrest Triggers in Indiana

What is the most common reason for a traffic stop leading to an OWI arrest?
Speeding, weaving between lanes, or failing to signal are common triggers for traffic stops that lead to OWI evaluations.

Do you have to take field sobriety tests in Indiana?
Field sobriety tests can be refused, but refusal may still lead to arrest if other signs of impairment exist.

What happens if you refuse a breath or chemical test?
Refusing a chemical test results in automatic license suspension under Indiana’s implied consent law.

Can an officer arrest you without a breathalyzer test?
Yes. If an officer observes strong signs of impairment or there are aggravating factors like an accident, an arrest may occur.

Is OWI only related to alcohol?
No. OWI in Indiana also includes impairment from drugs, whether illegal, prescription, or over-the-counter.

Are OWI penalties harsher for repeat offenses?
Yes. Repeat OWI offenses carry increased penalties, including longer license suspensions and potential jail time.

Does a low BAC guarantee no arrest?
No. Underage drivers or those in commercial vehicles can face penalties at lower BAC levels, and other signs of impairment may justify arrest.

Conclusion

OWI arrests in Indiana are driven by a clear process that begins with a traffic stop and can escalate based on observed behavior, test results, or situational factors. Drivers may be pulled over for a simple violation, but if signs of intoxication are present, officers will proceed with a structured evaluation that may lead to arrest.

To better understand how Indiana defines and processes OWI cases, visit the How DUI Laws Work section. For more details on the specific triggers that escalate a traffic stop into an OWI arrest, read our guide on What Triggers a DUI Arrest During a Traffic Stop.