What Happens After an OWI Arrest in Indiana

The hours after an OWI arrest in Indiana are a blur of unfamiliar procedures happening faster than you can process them. Understanding the sequence removes at least some of the panic. Here's what happens from the moment the officer turns on the lights through the first few days.

The Traffic Stop and Field Sobriety Tests

An officer needs reasonable suspicion to initiate a traffic stop — swerving, speed violations, equipment issues, or erratic driving patterns. Once you're stopped, the officer looks for indicators of impairment: slurred speech, bloodshot eyes, the smell of alcohol, difficulty producing documents.

If the officer suspects impairment, the next step is typically standardized field sobriety tests (SFSTs). These are the three tests endorsed by the National Highway Traffic Safety Administration:

• Horizontal gaze nystagmus (the officer tracks your eye movement with a stimulus)
• Walk-and-turn (walk heel-to-toe along a line, turn, and walk back)
• One-leg stand (stand on one foot for approximately 30 seconds)

These tests are voluntary — Indiana law does not require you to perform them. But declining may factor into the officer's probable cause determination.

The Chemical Test

After field sobriety tests, the officer will request a certified chemical test — usually a breathalyzer at the station, though blood or urine tests are used in certain circumstances.

Under Indiana's implied consent law (IC § 9-30-6-1), you've implicitly agreed to this test by driving on Indiana roads. Refusing triggers an automatic one-year license suspension — longer than the 180-day suspension for failing the test. The officer must inform you of these consequences before administering the test.

If you submit to the test and your BAC registers at 0.08% or higher (0.04% for CDL holders, 0.02% for under-21 drivers), the officer confiscates your physical license and issues a paper temporary driving receipt.

Booking

You're transported to the county jail for booking — fingerprints, photographs, and personal information recording. For a standard misdemeanor first offense, this process is typically completed within a few hours.

Posting Bond

Release from jail requires posting bond. Indiana counties typically set OWI bonds at $2,500 to $5,000 for misdemeanor charges. Your options:

• Cash bond — post the full amount (refunded after case resolution, minus fees)
• Surety bond — a bail bondsman posts the bond for a non-refundable fee, typically 10% ($250–$500)
• Own recognizance — some counties release first-time offenders without a cash requirement

If you can't make bond immediately, the initial hearing is typically held within days of the arrest, but the exact timing depends on the county and court.

The Paper Driving Receipt

When the officer confiscated your physical license, they issued a paper receipt. This receipt serves as your temporary driving authorization, but it has a strict expiration: it's valid only until your initial hearing date, which is typically scheduled within days of the arrest.

After the initial hearing, this paper receipt has no further legal effect. Your ability to drive depends entirely on what happens at that hearing — whether you request the pre-trial SDP stay and follow through with the petition.

The First 72 Hours: What to Do

Within 24 hours: Retrieve your vehicle from impound. Towing and storage fees run $100–$200 and increase daily.

Within 48 hours: Contact an attorney or decide whether to represent yourself. If you're considering a public defender, you'll need to apply at or before the initial hearing. Indiana Legal Services provides income-based guidance at indianalegalservices.org.

Within 10 days: Submit your written request to contest the BMV administrative suspension. This is the single most time-critical step — missing this deadline permanently forfeits your right to challenge the suspension.

At the initial hearing: If you need to keep driving, declare your intent to seek Specialized Driving Privileges. The judge must stay the suspension for 30 days while you prepare the petition.

The Indiana First-Offense DUI Guide provides a day-by-day checklist for the first 30 days after an arrest, with every deadline marked and every step explained.

See more Indiana guides →