By Paul G. Stracci, Partner, Stracci Law Group · Crown Point, Indiana | Last reviewed: October 2026
Ten months after I finished law school, I defended my first murder case. The jury returned a verdict of not guilty on all counts. Since then, my approach has rested on preparation, on knowing the evidence thoroughly, and on telling clients the facts as they are, even when the news is hard to hear.
Today I practice as a partner in Crown Point, representing people charged with felonies and misdemeanors in state and federal courts across Lake, Porter, LaPorte, Newton, and Jasper counties. Two kinds of cases make up a large part of that work. One is operating while intoxicated, a charge that can look routine and rarely is. The other is federal prosecution, where the rules, the timelines, and the stakes change considerably.
What an OWI Charge Actually Involves
Drunk driving defense has been part of my practice for many years, and the charge itself is more layered than most people expect. Under Indiana Code § 9-30-5-1 and related sections, operating a vehicle with a blood or breath alcohol concentration of 0.08 or more, or while intoxicated, is a Class C misdemeanor. A reading of 0.15 or higher, or conduct that endangers another person, raises the charge to a Class A misdemeanor, which can carry up to a year in jail. A prior OWI conviction within seven years, or a crash causing serious bodily injury or death, can move the case into felony territory.
| Situation | Typical classification |
| BAC 0.08 to under 0.15, or intoxicated | Class C misdemeanor (up to 60 days) |
| BAC 0.15 or higher, or endangering a person | Class A misdemeanor (up to 1 year) |
| Prior OWI conviction within 7 years | Level 6 felony |
| OWI causing serious bodily injury or death | Level 6 to Level 4 felony, depending on the facts |
| Driver under 21 with BAC 0.02 to under 0.08 | Class C infraction (non-criminal), with license consequences |
The license consequences often arrive before any court date. A driver who fails a chemical test generally faces an administrative suspension of 180 days, and a refusal to take the test typically brings a one-year suspension, or two years for a driver with a prior OWI conviction, as this overview of Indiana refusal suspensions explains. Those suspensions run separately from any penalty imposed after conviction, and a driver who wants specialized driving privileges needs to pursue them through the court.
Lower limits apply to some drivers. Commercial drivers face a 0.04 threshold while operating a commercial vehicle, and a driver under 21 with a BAC of 0.02 or more can be cited under § 9-30-5-8.5. For a commercial driver, an OWI arrest can threaten a career even when the underlying case is a misdemeanor, because the federal disqualification rules for a commercial license are strict and apply to convictions in a personal vehicle as well. Indiana’s other traffic offenses can also carry consequences that drivers underestimate, as Find Attorneys’ article on Indiana’s aggressive driving law describes.
Alternatives to a Standard Conviction
Not every case follows the same path to a conviction. Indiana operates certified problem-solving courts in many counties, listed in the state’s problem-solving court directory, including drug courts and veterans treatment courts that combine supervision with treatment for eligible participants. Lake County’s veterans treatment court, for example, was selected as a national mentor court in 2025. Plea negotiations can also resolve some cases on reduced terms when the evidence has gaps. The availability of each option depends heavily on the facts, the county, and the person’s prior record, and knowing which alternatives exist in a particular courthouse is part of giving a client an accurate picture of what lies ahead.
The Science Behind the Evidence
Most OWI cases turn on field sobriety tests and chemical testing, and both have weak points. I am a long-time member of the National College for Drunk Driving Defense, and I have completed drunk-driving defense coursework at Harvard Law School, the NHTSA Standardized Field Sobriety Testing Practitioner Course, and a 12-step mini-course on drug recognition evaluations. That training matters because the standardized tests only produce reliable results when officers administer them as designed.
A walk-and-turn test performed on a sloped shoulder, or a horizontal gaze nystagmus test given with flashing emergency lights in the driver’s eyes, may not meet those standards. Breath test instruments must be certified and maintained, and the operator must follow the required observation period before the test. Blood draws raise questions about who drew the sample, how it was stored, and how it was analyzed. Challenging these details is often where an OWI attorney Indiana judges see regularly can make the most difference, since a suppressed test result can change the entire case.
When the Federal Government Brings the Case
Federal cases in Northwest Indiana are prosecuted by the United States Attorney’s Office for the Northern District of Indiana, and many are heard in the Hammond Division. My federal work focuses on drug distribution and conspiracy cases, criminal gang activity, firearms offenses, white-collar and public corruption matters, healthcare fraud, child pornography and sex offenses, and other complex prosecutions.
Federal cases differ from state cases in almost every respect. Investigations can run for months or years before an arrest, supported by wiretaps, financial records, confidential informants, and cooperating witnesses. Felony charges typically come through a grand jury indictment. Drug statutes such as 21 U.S.C. § 841 carry mandatory minimum sentences tied to drug type and quantity, and the U.S. Sentencing Guidelines produce a recommended range that judges must calculate, even though the guidelines are advisory. The federal system also has no parole, so the sentence imposed is largely the sentence served, reduced only by limited good conduct credit under 18 U.S.C. § 3624 and certain program credits.
The Early Stage Matters Most
Many of the most consequential decisions in a federal case happen before trial, and some happen before charges are filed. A target letter, a search warrant, or a visit from agents can be the first sign of an investigation. Statements made in that moment can become the government’s strongest evidence, and a false statement to a federal agent is a separate crime under 18 U.S.C. § 1001.
That is why the choices at that stage, including whether to speak with investigators, whether a proffer makes sense, and how to respond to a grand jury subpoena, shape everything that follows. Detention hearings, discovery disputes, and sentencing advocacy each require their own preparation.
The type of federal case also shapes the defense. Healthcare fraud and white-collar prosecutions tend to rest on billing data, emails, and financial records, and the defense often depends on understanding those documents as well as the government’s analysts do. Firearms and drug cases more often turn on searches, informants, and the chain of custody for physical evidence. Each category calls for a different kind of investigation, and the earlier that investigation starts, the more options remain open.
When the Evidence Does Not Support the Charge
Some cases should be tried, some should be negotiated, and a few should end before a jury ever deliberates. One result listed on our firm’s case results page involved a business owner charged with 18 counts of animal cruelty after nine dogs died during transport in extreme heat. The case went to trial, and the judge granted a directed verdict of acquittal, finding the prosecution had not presented sufficient evidence of criminal conduct. A tragic outcome is not the same as a crime, and holding the State to its burden of proof is the core of the work, whatever the charge.
Past results depend on the specific facts of each case and do not guarantee a similar outcome in any other matter.
How I Approach a New Case
Over the years I have built working relationships with lawyers, court personnel, and agencies throughout the region, and those relationships help me give clients realistic expectations about how cases actually move in Northwest Indiana. They never replace the work of investigating a case. Complex matters, particularly federal ones with large volumes of discovery, also require more hands than one attorney can provide, so I work with a team of lawyers and researchers.
The job is to figure out early which kind of case it is, explain that honestly, and then prepare as if it will go to trial anyway.
Disclaimer
This article provides general information about Indiana OWI law and federal criminal procedure. It is not legal advice, and reading it does not create an attorney-client relationship. Penalties depend on the specific facts and criminal history involved. Anyone under investigation or facing charges should consult a licensed criminal defense attorney.
