DUI Tag Archives — Indiana Law Blog

Is Driving Under the Influence a Felony or Misdemeanor in Indiana?

Published on: April 23, 2025 | by Aaron Harshman

Is Driving Under the Influence a Felony or Misdemeanor in Indiana?

Driving under the influence (DUI)— has a slightly different name in Indiana Code: Operating a Vehicle While Intoxicated (or “OWI”) in Indiana—is a serious offense that can turn a routine drive into a life-altering legal battle. If you’ve been arrested or charged with an OWI, or are simply curious about the consequences, one of the first questions you might ask is: Is it a felony or a misdemeanor? The answer depends on several factors, including your prior record, the circumstances of the incident, and Indiana law. At Harshman Ponist Smith & Rayl, LLC we’re here to break it down for you in plain English—and help you understand what you can do about it.

DUI/OWI Basics: What Indiana Law Says

Vehicle Stops and K9 Free Air Sniffs: What Indiana Law Says in 2025

Published on: March 18, 2025 | by Aaron Harshman

A routine traffic stop in Indiana can turn into a drug bust in minutes if police deploy a K9 for a free air sniff. But when is that legal—and when does it cross the line? At Harshman Ponist Smith & Rayl, we’re your “Trusted Counsel Close to Home,” helping Hoosiers challenge these encounters with a deep understanding of Indiana’s laws and court rulings. In 2025, the rules around vehicle stops and K9 sniffs hinge on Fourth Amendment protections and state-specific precedents from the Indiana Court of Appeals. Let’s break down a key issue—how long can police extend a stop for a sniff?—and see how the courts interpret it.

The Legal Framework: Stops and Sniffs in Indiana

Under Indiana law, police need reasonable suspicion to stop your vehicle (e.g., speeding or a broken taillight), rooted in the Fourth Amendment’s ban on unreasonable searches and seizures. A free air sniff by a K9—where the dog circles your car to detect drugs—isn’t a “search” under the U.S. Supreme Court’s ruling in United States v. Place (462 U.S. 696, 1983), meaning no probable cause is required upfront. But here’s the catch: the stop itself must stay lawful. If police prolong it beyond its original purpose just to wait for a K9, things get dicey.

Facing Criminal Charges in Indiana? Here’s What You Need to Know in 2025

Published on: March 4, 2025 | by Aaron Harshman

If you’re reading this, chances are you or someone you care about is navigating the intimidating world of criminal law in Indiana. Whether it’s a misdemeanor like a DUI or a more serious felony charge, the stakes are high—and the legal process can feel like a maze with no clear exit. At Harshman Ponist Smith & Rayl, we’ve seen it all, and we’re here to shed light on what you’re up against in 2025. Let’s break down the essentials of criminal law in Indiana, what’s changed recently, and how the right defense strategy can make all the difference.

Understanding Criminal Law in Indiana: The Basics

Criminal law governs actions that society deems harmful or dangerous, from theft and assault to drug offenses and beyond. In Indiana, these laws are enforced under the Indiana Code, and penalties can range from fines and probation to years in prison. What sets Indiana apart? Our state has its own unique statutes, sentencing guidelines, and court procedures that can catch even seasoned defendants off guard.

Charged with a DUI in Indiana? Here’s What You Need to Know

Published on: February 14, 2025 | by Aaron Harshman

A DUI (Operating While Intoxicated, or OWI, in Indiana) charge can have serious consequences, including fines, license suspension, and even jail time. If you’ve been arrested for a DUI in Indiana, understanding the legal process and your options is crucial. Here’s what you need to know about defending against a DUI charge.

What Constitutes a DUI in Indiana?

In Indiana, you can be charged with DUI if: