Plainfield DUI Lawyer

A traffic stop on US-40, a night out near the Plainfield Town Center, or a checkpoint on one of Hendricks County’s busiest corridors can turn into an OWI arrest in a matter of minutes. Indiana uses the term Operating While Intoxicated rather than DUI, but the consequences are the same regardless of the label: license suspension, potential jail time, steep fines, and a criminal record that appears on background checks for employers, landlords, and licensing boards. If you are searching for a Plainfield DUI lawyer, the clock is already running on decisions that will affect your driving privileges, your employment, and your freedom.

Hendricks County handles OWI prosecutions at the Hendricks County Courthouse in Danville, and the cases that come out of Plainfield are taken seriously by local prosecutors. Indiana’s OWI statute creates multiple layers of exposure depending on your blood alcohol concentration, whether a minor was in the vehicle, whether anyone was injured, and whether you have prior OWI convictions on your record. A first-time arrest at .08 BAC is a very different legal situation than a second offense or an accident-involved charge, and the strategy for handling each differs accordingly.

What most people do not realize after an OWI arrest in Indiana is that there are actually two separate proceedings running simultaneously. The criminal case in Hendricks County court is one. The administrative proceeding with the Bureau of Motor Vehicles is the other. You can lose your license through the BMV process even if the criminal charge against you is eventually reduced or dismissed. An attorney who understands how both tracks work, and how to fight on both fronts, is essential from the very first day after your arrest.

What Plainfield OWI Charges Actually Look Like in Hendricks County

• Standard OWI at .08 or above: Indiana Code establishes .08 BAC as the per se legal limit for most drivers. A first offense at this level is typically charged as a Class C misdemeanor, but prosecutors can seek Class A misdemeanor treatment if aggravating facts are present, and the difference in potential jail exposure is significant.
• Operating with a Schedule I or II Controlled Substance: Indiana’s OWI statute covers more than alcohol. If a controlled substance is detected in your system, you can be charged even if your driving appeared normal, because the statute does not require a showing of actual impairment in the same way it does for alcohol below .08.
• Felony OWI with Prior Conviction: A prior OWI conviction within the relevant lookback period elevates a new charge to felony status. A Level 6 felony conviction in Indiana carries up to two and a half years in prison and substantial fines. Prior convictions from other states can count, which surprises many Plainfield residents who moved to Hendricks County from elsewhere.
• OWI Causing Serious Bodily Injury: If an accident results in serious bodily injury to another person, the charge steps up to a Level 5 felony, which carries a potential sentence of one to six years. The investigation in these cases is more extensive and often involves accident reconstruction experts and detailed medical records.
• High BAC Enhancements: A BAC at or above .15 triggers enhanced penalties even for a first offense under Indiana law. This distinction matters for both the criminal penalty range and for what happens to your license through the BMV.
• OWI with a Minor Passenger: Having a passenger under 18 in the vehicle during an OWI adds a separate Class A misdemeanor charge in Indiana, independent of the primary OWI count. A defendant can face sentencing on both charges simultaneously.
• Commercial Driver OWI: Plainfield sits along significant freight corridors, including I-70, and commercial drivers face a .04 BAC threshold rather than .08. A CDL holder convicted of OWI faces disqualification that can end a career, not merely a period of suspension.

Why Rigney Law LLC for Your Hendricks County OWI Defense

Rigney Law LLC is an Indianapolis criminal defense firm representing clients throughout the surrounding region, including Hendricks County and Plainfield. The attorneys at Rigney Law, Jacob Rigney and Kassi Rigney, focus their practice on criminal defense work, which means OWI defense is not an occasional addition to a general practice, it is central to what they do every day. Criminal defense requires the kind of knowledge that accumulates through years of courtroom experience, not simply law school coursework, and the attorneys at this firm have put in that work in Indiana courts.

For someone facing an OWI charge out of Plainfield, that experience matters at every stage. The difference between a skilled defense attorney and an unprepared one can show up in a suppression hearing over whether the traffic stop was constitutional, in cross-examination of the officer who administered field sobriety tests, or in negotiations over whether a charge gets reduced before trial. Rigney Law brings serious preparation to every stage of a criminal case, with the recognition that what happens before the courtroom often determines what happens inside it. The firm handles license rehabilitation matters as well, which means clients do not need to hire separate counsel to address what the BMV is doing to their driving privileges while the criminal case proceeds.

After an OWI Arrest in Plainfield: What You Should Actually Do

The first and most consequential thing to understand after an OWI arrest in Indiana is the implied consent law. When you drove in Indiana, you implicitly consented to chemical testing. Refusing a breathalyzer or blood draw triggers an automatic license suspension through the BMV that operates separately from any criminal penalty, and that suspension can be longer than the suspension you would receive if you had tested and registered above the legal limit. Whether to submit to testing is a decision that happens in real time during the stop, and there is no good universal answer, but understanding the legal consequences of refusal matters.

Once you are released following your arrest, your priority should be contacting an OWI defense attorney serving Plainfield before you say anything further to law enforcement and before you make any decisions about your case. Police reports, dashcam footage, and bodycam recordings need to be preserved, and the sooner an attorney is involved, the better the chance that this evidence is obtained before it is overwritten or discarded. Do not discuss the facts of your stop or your behavior that night on social media or with anyone other than your attorney.

The criminal case against you will proceed through the Hendricks County courts in Danville. Your first appearance will typically involve an initial hearing where charges are formally read and bail conditions are addressed. From there, the case moves through pretrial conferences, potential motion hearings, and ultimately either a plea resolution or trial. The Hendricks County Prosecutor’s Office handles these cases, and local familiarity with how that office approaches OWI cases, what it typically requires for a reduction, and how judges in that court handle sentencing, matters when your attorney is negotiating on your behalf.

One mistake people frequently make after an OWI arrest is waiting to contact an attorney until after their first court date. By that point, procedural deadlines may have already passed, evidence may have been lost, and the opportunity to contest the administrative license action may have closed. Indiana has tight timelines on challenging administrative suspensions through the BMV, and missing those windows is difficult to undo.

What Prosecutors Use Against You and Where Defenses Actually Arise

OWI prosecutions in Indiana typically rest on a combination of the arresting officer’s observations, field sobriety test performance, and chemical test results. Each of these evidentiary pillars has potential weaknesses that a prepared Plainfield OWI attorney will examine carefully.

Field sobriety tests are administered according to specific protocols established by the National Highway Traffic Safety Administration. Deviations from those protocols can affect the reliability of the test and, by extension, whether the results should carry weight at trial or in negotiations. Officers are required to conduct these tests in a standardized way, and they do not always do so. Health conditions, medications, footwear, road surface, and lighting are among the factors that can explain poor field sobriety test performance that has nothing to do with alcohol or drug impairment.

Breathalyzer results are not automatic proof of guilt. The device must be properly calibrated and maintained, the officer must be certified to operate it, and the test must be administered correctly. Indiana uses specific approved breath testing devices, and the maintenance records and calibration logs for the specific unit used in your case can be obtained and reviewed. If those records reveal gaps or problems, a challenge to the test result may be viable.

Blood test results, which are used in many Hendricks County OWI cases, involve their own chain of custody and laboratory analysis questions. The blood sample must be collected, stored, and tested according to established procedures, and the laboratory performing the analysis must be certified. Errors in any part of this chain can undermine the reliability of the result.

The traffic stop itself is also subject to challenge. Under the Fourth Amendment, law enforcement must have a lawful basis to stop your vehicle. If the stop was pretextual or lacked legal justification, the evidence gathered during and after that stop may be subject to suppression. A successful suppression motion can result in the case being dismissed entirely if the prosecution cannot proceed without the excluded evidence.

Answers to Questions Plainfield Residents Ask About OWI Charges

What is the difference between OWI and DUI in Indiana?

Indiana uses the term Operating While Intoxicated rather than Driving Under the Influence. The legal standards and penalties are essentially what most people think of when they hear DUI. The term OWI is used because “operating” is broader than “driving,” covering situations where a person is in control of a vehicle even if it is not moving.

Can I lose my license before my criminal case is resolved?

Yes. The Indiana BMV can suspend your license through an administrative process that is separate from the criminal proceedings. This administrative action can happen quickly after your arrest, and there are limited windows to contest it. The criminal case and the administrative case run on different tracks, and both require attention.

Is a first-time OWI in Indiana automatically a misdemeanor?

A first OWI offense is typically charged at the misdemeanor level, but the specific classification depends on the facts. A high BAC, a minor in the vehicle, or an accident with injuries can result in a more serious charge even for a first-time offender. The range of potential consequences varies considerably depending on these factors.

Will an OWI conviction affect my ability to drive to work?

It can, significantly. Indiana does have a specialized driving privilege option that allows some suspended drivers to continue driving for limited purposes such as work, medical appointments, and school during a suspension period. Whether you qualify for this and how to obtain it is something a Plainfield DUI attorney can address early in your case.

How long does an OWI stay on my criminal record in Indiana?

An OWI conviction in Indiana is part of your criminal record and will appear on standard background checks. Indiana does have an expungement statute that allows certain convictions to be sealed from public disclosure after a waiting period, but OWI convictions have specific eligibility requirements and waiting periods. The attorneys at Rigney Law handle expungement matters and can advise whether this is an option once your case is resolved.

What happens if this is my second OWI in Indiana?

A second OWI offense triggers felony-level charges under certain circumstances, particularly if the prior conviction is within a defined lookback period. Felony OWI convictions carry significantly longer potential sentences, higher fines, and longer license suspension periods. The stakes on a second offense are substantially higher, and the defense strategy typically needs to be more comprehensive from the start.

Does refusing a breath test help my case in Indiana?

Refusal avoids providing a BAC reading, but it carries its own automatic consequences through the BMV and can itself be presented to a jury as evidence. The calculation of whether refusal helps or hurts depends on the specific circumstances, and there is no single right answer. What matters is understanding what the refusal does and does not accomplish legally before making that decision, which is something to discuss with an attorney as soon as possible after the arrest.

Can an OWI charge affect my professional license in Indiana?

It can. Many Indiana licensing boards require disclosure of criminal arrests or convictions, and an OWI conviction can trigger disciplinary proceedings for professionals holding licenses in healthcare, law, education, real estate, and other regulated fields. If you hold a professional license, the consequences of a conviction extend well beyond the criminal penalty, and this is something to factor into how aggressively your defense is pursued.

How does a Plainfield OWI case actually proceed through the Hendricks County courts?

After your arrest, your case is filed in Hendricks County, with proceedings held at the courthouse in Danville. Cases typically begin with an initial hearing, followed by pretrial conferences where the prosecution and defense can discuss potential resolution. Motion hearings may be scheduled if there are constitutional or evidentiary issues to litigate. Cases that do not resolve through a plea agreement proceed to a bench or jury trial. The timeline varies, but OWI cases in Hendricks County can often move relatively quickly compared to more complex felony matters.

What if my BAC was below .08 but I was still charged with OWI?

Indiana law allows OWI charges even below the .08 threshold if the prosecution can establish that the driver was impaired in fact. This typically means the case will rest more heavily on officer observations, field sobriety test results, and any other evidence of impairment rather than on a per se BAC number. These cases require a different defensive approach than a standard over-.08 prosecution, and the absence of a high chemical test result does not automatically mean the charge disappears.

Representing OWI Clients Across Plainfield and Hendricks County

Rigney Law LLC represents clients from throughout the Plainfield area and across Hendricks County, including those arrested along US-40, the I-70 corridor, and State Road 267 through Avon. The firm handles OWI defense matters for clients from Plainfield itself, as well as the surrounding communities of Avon, Brownsburg, Danville, Mooresville, Pittsboro, Lizton, North Salem, Amo, Coatesville, and Clayton. Residents from the Guilford Park, Heartland Crossing, Vicksburg, and Vandalia neighborhoods of Plainfield, along with those coming from the newer residential developments along US-40 west of Indianapolis, have access to the same level of criminal defense representation that Indianapolis clients receive.

Because Plainfield sits at a busy intersection of freight routes and suburban commuter roads, OWI arrests in this area are common, and Hendricks County prosecutors handle a substantial volume of these cases. Familiarity with how these cases are processed and how local courts approach them is a practical asset. The firm’s base in Indianapolis means clients throughout the greater Hendricks County region can be served efficiently, whether the court date is in Danville or the client needs to meet in person to discuss the case.

Talk to a Plainfield OWI Attorney Before Your Next Court Date

A Plainfield OWI attorney from Rigney Law LLC can review the circumstances of your arrest, explain what the evidence against you actually shows, and map out what your options are under Indiana law. The earlier in the process an attorney is involved, the more options tend to be available. License issues, evidentiary challenges, and charge negotiations all have timing components that matter.

Rigney Law LLC offers free initial consultations. If you have been charged with OWI in Plainfield or anywhere in Hendricks County, contact the firm to schedule your consultation and get a clear picture of where your case stands.