DUI Defense Lawyer in Indianapolis

Under the Marion County local court rules, the Criminal Division is split into a Major Felony sub-division and a Misdemeanor/Level 6 sub-division. New cases are spread among the courts in each group on a random, equal basis (LR49-CR2.2-100). Misdemeanor and Level 6 OWI charges go to the nine Misdemeanor/Level 6 courts. Level 5 and higher felonies, which include the most serious felony OWI charges, go to the nine Major Felony courts.

Cases follow the defendant

• The court's policy is to consolidate cases involving the same defendant into one court wherever possible (LR49-CR2.3-101).
• A pending Major Felony case pulls later misdemeanor and Level 6 cases into that Major Felony court.
• A pending Level 6 case pulls later misdemeanor and Level 6 cases into that court, and an open misdemeanor case moves to the Level 6 court if a Level 6 charge is filed later.
• If the State dismisses a case and refiles it, the case is refiled in the court where it was originally docketed.
• Any misdemeanor or felony court may refer a defendant who may have a mental illness or disability to the Mental Health Alternative Court to determine eligibility.

For steps to take before this hearing, see our guide to the days after a DUI arrest.

Not through standard pretrial diversion. The Indiana Prosecuting Attorneys Council's diversion guidelines state that, under IC 33-39-1-8, cases involving an arrest or charge for OWI under IC 9-30-5-1 through 9-30-5-5 may not be placed in pretrial diversion except as provided in Title 12. The statute also excludes commercial driver's license holders charged with offenses involving operation of a motor vehicle under federal motor carrier safety rules.

The Title 12 exception is a deferral

As one Indiana prosecutor's office explains, a diversion is an agreement with the prosecutor, while a deferral is an agreement with the court. The defendant pleads guilty, the court withholds judgment, and the case is dismissed once the terms are completed. If the terms are violated, the conviction is entered.

Marion Superior Court operates its own Alcohol and Drug Services Program under IC 12-23-14, administered by its probation department (LR49-CR00-115). Under the council's guidelines, diversion and deferral programs run only with the consent and oversight of the elected prosecutor. Whether a Title 12 path is realistic in a given case is a question to raise with your attorney early.

• A prosecutor may not negotiate a diversion agreement with an unrepresented defendant before that person waives the right to counsel at an initial hearing.

At the initial hearing, the court automatically orders the State to disclose discovery within 20 days and the defense to provide its discovery within 45 days. No written motion is needed for standard discovery, and all discovery is to be completed by the omnibus date (LR49-CR00-107).

What the State must produce

• Expert reports and statements, including the results of scientific tests, experiments, or comparisons made in the case.
• Any written, oral, or recorded statements you made, with a list of witnesses to them.
• Law enforcement recordings, including body-worn camera, dashboard camera, and in-vehicle camera video.
• Any material that tends to negate guilt or reduce punishment.

Who holds the video

Under the current rule, recordings stay with defense counsel absent good cause, and they may not be copied or shared without written court authorization. You review them in the presence of your lawyer or the lawyer's staff.

Motion deadlines

• The defense files its notice of intended witnesses and exhibits within 5 days after receiving the State's notice (LR49-CR00-114(d)).
• Substantive motions, including motions to suppress, are due within 30 days after receiving the State's notice of witnesses and exhibits (LR49-CR00-114(f)).

• The request must be a verified written motion. It must state the reasons, the hearing type, your custody status, and the prosecutor's position, and list three dates both sides have agreed on.
• It must be filed at least 5 days before the setting, unless the judge has changed that timeline.
• If you are held in custody on a misdemeanor or Level 6 case, no court may continue it more than 14 calendar days without good cause. The limit is 30 days for Major Felony cases.
• When a lawyer files an appearance and the only upcoming event is a status of counsel hearing, that hearing converts to a pretrial conference, unless a continuance motion is also filed.
• A guilty plea hearing is set only after an oral request on the record, or after a written petition or plea agreement is filed (LR49-CR10.1-110).

Early settings such as a status of counsel hearing or a pretrial conference move the case forward; they are not sentencing hearings. Custody becomes a real possibility at specific points, and you can know in advance whether they apply to you.

When custody is on the table

• Sentencing with a prior OWI conviction. Since July 1, 2026, the court must order at least 10 days in jail with one prior conviction, or 20 days with two or more. The alternative is at least 240 or 480 hours of community service. This sentence cannot be suspended. At least 48 hours must be served consecutively, and the full term must be served within 6 months of sentencing (IC 9-30-5-15, as amended by HEA 1249). Time served under this section now earns good time credit.
• Felony sentencing. Unless the court orders otherwise, a Level 6 sentence with an earliest possible release date more than 366 days out is served in the Indiana Department of Correction rather than the county jail (LR49-CR00-113).

Whether either applies depends on your record and the charge. Your attorney can tell you before you walk into the courtroom.

• Alcohol and drug services fee: $400. This fee is ordered in any criminal case where a substance is alleged to have contributed. It covers assessment, intake, treatment referral, and monitoring until discharge. The court may waive it if you are actively in treatment at sentencing, have already completed treatment because of this charge, or are indigent. A transfer to another court program can add a fee of up to $100 (LR49-CR00-115).
• Drug testing. When a judicial officer orders testing, the fee is paid at the time of each test unless the court finds you eligible for a reduced fee or indigent. A confirmatory test you request is also paid at the time of testing.
• Problem-solving courts. Participants in Marion County's Drug Court or Re-Entry Court may be charged a $100 administrative fee plus $25 a month, with the monthly fees capped at $600 total.
• Late payment. The court may add a $25 fee for failing to pay costs, fines, or civil penalties (LR49-AR00-310).

Order of payment on probation

When you are placed on probation, payments are applied in a set order. The administrative fee comes first, then the probation user fee, the alcohol and drug service fee, court costs, and restitution. Public defender reimbursement and other statutory fees follow. If court-ordered fees go unpaid, the court may enter a judgment for the amount owed.

Adult criminal proceedings in Marion Superior Court are held at the courthouse on the Community Justice Campus, 675 Justice Way, Indianapolis 46203. Only juvenile delinquency cases are heard elsewhere. The campus also houses the Marion County Sheriff's Office, the Adult Detention Center, and the Assessment and Intervention Center. The courthouse has 71 courtrooms, so leave time to find yours.

• Your notice identifies your court by a designation such as D25. Confirm the court, time, and any changes on MyCase, Indiana's public case search.
• The Clerk of Marion County's office is in the same building, at 675 Justice Way.

Marion Superior Court

Your case is heard by the judicial officer assigned to your court within the Criminal Division. Chief Judge Marc Rothenberg signed the court's September 2026 notice of proposed rule changes.

Marion County Prosecutor's Office

Files OWI charges. Under the prosecuting attorneys council's guidelines, it controls whether any diversion or deferral program is offered.

Clerk of Marion County

Maintains the court's case records (LR49-CR23-102) and assigns special judges when a change of judge is granted in a criminal case (LR49-CR13-116).

Marion Superior Court Probation Department

Administers the court's Alcohol and Drug Services Program, including assessments, treatment referral, and compliance monitoring.

Indiana Bureau of Motor Vehicles

Carries out the license suspensions the court recommends. Judicial review of a BMV habitual traffic violator determination is filed in Marion Circuit Court.