Indiana calls it “Operating While Intoxicated,” or OWI — most people know it as DUI or DWI. Whatever you call it, a single traffic stop can turn into a case that affects your license, your job and your record for years.
Mark K. Gruenhagen has defended OWI cases across Lake County and Northwest Indiana for more than 30 years. He knows how these cases are built — the stop, the field sobriety tests, the chemical test — and where they can fall apart.
What’s at Stake in an OWI Case
An OWI conviction can include jail time, fines, license suspension, an ignition interlock requirement and a sharp increase in insurance costs. It also leaves a permanent mark on your driving and criminal record that can follow you into background checks, professional licensing and even certain jobs.
The case often starts moving before you’ve had a chance to think it through. There can be an administrative license action separate from the criminal charge itself, on its own clock, which is one more reason not to wait to get a lawyer involved.
First Offense vs. Repeat and Aggravated OWI
First-Time OWI
Even a first offense carries real consequences, but there is often more room to negotiate a fair outcome for someone with no prior record.
Repeat & Aggravated OWI
A prior conviction, an accident, injury, a very high test result or a minor in the vehicle can all raise the stakes significantly.
Chemical Test & Refusal
Whether you took a test, refused, or aren’t sure what happened, how that test was requested and administered can be challenged.
CDL & Commercial Drivers
Commercial drivers face a stricter standard and more to lose — an OWI can put a livelihood, not just a license, at risk.
How Mark Builds Your Defense
- The stop itself. Was there a lawful reason to pull you over in the first place?
- Field sobriety tests. These tests are subjective and often performed or scored incorrectly.
- The chemical test. Equipment calibration, timing and procedure all matter and can be challenged.
- License protection. Mark works to protect your ability to drive to work, school and appointments while your case is pending.
CDL holders, take note. A commercial driver can lose driving privileges over an OWI that happened off duty, in a personal vehicle. Call before you talk to your employer or insurer.
What to Do Right Now
Avoid These Mistakes
- Don’t volunteer details about how much you had to drink or where you were.
- Don’t assume the case is a lost cause because you were arrested.
- Don’t drive again before you understand your license status.
- Don’t sign anything from an insurer or employer without advice first.
Protect Yourself
- Write down everything you remember about the stop while it’s fresh.
- Keep any paperwork the officer or court gave you, including a temporary license.
- Ask about deadlines — some license and court deadlines move quickly.
- Call Mark at (219) 322-3000 before your first court date.
OWI / DUI FAQ
Do I have to take a chemical test if I’m pulled over?
Indiana’s implied consent law means driving on Indiana roads is treated as consent to a chemical test if an officer has probable cause to believe you’re impaired. Refusing a test doesn’t avoid consequences — it can trigger its own license suspension, separate from any criminal case, and can be used against you in court. Talk to a lawyer as soon as possible about what already happened and what to do next.
Will I lose my license right away?
An OWI arrest can trigger an administrative license suspension that starts well before your case is ever decided in court. In many situations a lawyer can request specialized or limited driving privileges so you can still get to work, school or medical appointments while the case moves forward. The sooner Mark is involved, the more of those options are still on the table.
What’s the difference between a first offense and a repeat offense?
A first offense with no aggravating factors is generally treated less severely than a repeat offense or a case involving a prior conviction, an accident, injury, a very high test result or a minor in the vehicle. Repeat and aggravated OWI charges expose you to significantly more serious penalties, which is exactly when experienced representation matters most.
Will an OWI affect my commercial driver’s license?
Yes. Commercial drivers are held to a stricter standard than passenger-vehicle drivers, and an OWI — even one that happens off duty in a personal vehicle — can put a CDL and a livelihood at risk. A second commercial disqualification can end a driving career permanently, so CDL holders should call before saying anything to an employer, insurer or investigator.