If you’ve been charged with an OWI or DUI in Whitley County, Indiana, you’re probably overwhelmed - and you’re not alone.


This guide was created to answer those questions clearly and honestly.


OWI vs. DUI in Indiana: What’s the Difference?



- A felony, depending on factors such as:

• Prior OWI convictions
• Passenger under 18 in the vehicle
• Injury

The classification matters because it affects potential penalties, license consequences, and how the case is handled.

What Happens Immediately After an OWI Arrest in Whitley County

An OWI case often begins long before your first court date.

After an arrest, you may face:

• Temporary license consequences through the Indiana BMV
• Bond conditions or restrictions
• A scheduled initial court appearance

It’s important to understand that license issues and court cases are separate processes, even though they overlap.

The Whitley County OWI Court Process (Step by Step)

While every case is different, most OWI cases in Whitley County follow a similar path.

1. Initial Hearing

This is not a trial, but it is an important procedural step.

2. Pretrial Phase

This is where most OWI cases are actually worked on.

During this stage:

• Evidence is reviewed (police reports, video, test results)
• Legal issues are evaluated
• Negotiations may occur
• Motions may be filed if appropriate

Many cases resolve during this phase, depending on the facts.

3. Trial (If Necessary)

If a case does not resolve beforehand, it may proceed to trial.

In a nutshell, the state must prove:

• The traffic stop was lawful
• Evidence was properly obtained
• You were operating a vehicle while intoxicated

Not every case should go to trial, but some do. Preparation matters.

4. Sentencing (If There Is a Conviction)

Sentencing typically depends on:

• The level of the offense
• Prior history
• Compliance during the case

Sentences can include fines, probation, treatment, license consequences, and in some cases jail time.

License Issues: One of the Biggest Concerns

For most people, the most immediate worry isn’t court - it’s driving.

Understanding how these interact is critical.

Ignition Interlock Devices in Indiana

An ignition interlock device (IID) is a breath-testing device installed in a vehicle that prevents it from starting if alcohol is detected.

While no one wants one, an IID can sometimes:

• Allow legal driving during a suspension
• Shorten or modify license consequences
• Demonstrate compliance and responsibility

Specialized Driving Privileges (SDP)

Indiana law allows some drivers facing OWI-related suspensions to request specialized driving privileges, sometimes called restricted or hardship driving.

When approved, these privileges may allow limited driving for purposes such as:

• Employment
• Medical care
• Education
• Court-approved responsibilities

These privileges are not automatic and must be handled correctly to avoid additional problems.

Common Mistakes People Make After an OWI Arrest

Some of the most damaging mistakes happen after the arrest:

• Driving while suspended or without approval
• Missing court dates
• Ignoring BMV notices
• Assuming “it’s just a misdemeanor”
• Taking advice from non-lawyers or the internet

These missteps can turn a manageable situation into a much bigger problem.

Why Local Experience in Whitley County Matters

OWI cases are influenced by:

• Local court practices
• Prosecutorial policies
• Judicial preferences

What About Your Record?

Many people don’t think about their criminal record until after the case is over, but planning ahead matters.

Depending on the outcome and timing, some OWI-related cases may eventually qualify for:

• Record sealing
• Expungement

Knowing what may be possible later can influence decisions made now.

Final Thoughts: Knowledge Is Protection

An OWI charge does not automatically define your future, but how you handle it can.

The goal is not just to “get through court,” but to:

• Protect your license when possible
• Avoid unnecessary mistakes
• Minimize long-term consequences

At Baber & Baber, P.C., we help clients understand their options and navigate the process with clarity, not fear.