Drunk Driving Lawyer
Jake Salathe

Call Jake for a free consultation: 317-995-3004

If you have been arrested for drunk driving or what Indiana calls Operating While Intoxicated in Noblesville, Carmel, Fishers or anywhere else in Hamilton County, you are facing one of the most serious charges that can hit your record and your future. I know how quickly things can feel overwhelming when the blue lights come on behind you. My name is Jake Salathe and I have spent my entire career as a criminal defense attorney fighting these cases right here in central Indiana. I practice heavily in Hamilton County, Marion County, Hancock County, Hendricks County, and the other counties across the region where my clients live and work every day.

Drunk driving charges are not just about a single bad decision. They come with real consequences that can affect your job, your license, your insurance, and even your family. That is why I treat every OWI case with the urgency and attention it deserves. Whether you are in Indianapolis, Greenfield, Danville, Plainfield, Avon, Muncie, Lebanon, Zionsville, Franklin, Greenwood, Anderson, Bloomington, Nashville, Lafayette, Rushville, Rockville, South Bend, Shelbyville or Martinsville, I know the local prosecutors, the judges, and the way these cases move through each county courthouse. That local familiarity makes a real difference when it comes time to negotiate or take a case to trial.

Understanding Operating While Intoxicated Charges in Indiana

In Indiana, what most people call drunk driving is charged as Operating While Intoxicated, or OWI. The law says you can be charged if you operate a vehicle with a blood alcohol content of .08 or higher, or if you are under the influence of alcohol, drugs, or a combination that impairs your ability to drive safely. It does not matter whether you were weaving all over the road or simply made a single mistake that caught an officer’s attention. Once the charge is filed, the state has to prove its case beyond a reasonable doubt.

I see these cases come from routine traffic stops in Hamilton County, accidents in Hancock County, or late-night encounters in Marion County. Officers often rely on field sobriety tests, a portable breath test at the scene, or a certified chemical test at the station or hospital. But not every test is perfect, and not every arrest is supported by solid evidence. That is where experienced defense work begins.

The Serious Penalties for a Drunk Driving Conviction in Central Indiana

A first-time OWI in Indiana is usually a Class C misdemeanor if your BAC is under .15. That can mean up to sixty days in jail, fines up to five hundred dollars, and a license suspension. If your BAC is .15 or higher, or if the state says you endangered someone, it can jump to a Class A misdemeanor with up to one year in jail and fines as high as five thousand dollars. Subsequent offenses within seven years become felonies with mandatory jail time and much longer license suspensions. The Bureau of Motor Vehicles can also impose its own administrative suspension even before the criminal case ends.

On top of that, you may be ordered to complete alcohol education classes, a victim impact panel, community service, or probation. Insurance rates skyrocket, and some employers require you to report the conviction. I have seen good people from Noblesville, Carmel, Fishers, Indianapolis, and every other county I serve lose jobs or face hardship because they did not have strong representation from the start. That is why I push hard to get cases dismissed or reduced whenever the evidence allows it.

Why You Need an Experienced Drunk Driving Lawyer Fighting for You

I have handled hundreds of cases as lead counsel, and I litigate aggressively. I do not shy away from tough cases or trials that other attorneys might advise pleading out. For drunk driving cases especially, I fight the ones other lawyers are afraid to take to a jury. I know how to cross-examine officers, challenge the science behind the tests, and present the evidence in a way that jurors understand. My goal is always the best possible outcome, whether that means a full dismissal, a reduction to a lesser charge, or a not-guilty verdict after trial.

When you hire me, you get an attorney who actually tries cases in the courtrooms where your case will be heard. I appear regularly in Hamilton County Superior Court, Marion County courts, Hancock County, Hendricks County, and the other venues across central Indiana. That experience lets me spot weaknesses in the state’s case early and build a defense that fits the specific judge and prosecutor you are facing.

My Proven Track Record Defending Drunk Driving Cases

In one Hamilton County case, my client D.S. was pulled from a friend’s house shortly after arriving. Officers had received a tip about erratic driving and conducted field sobriety tests plus a breath test above the legal limit. At trial in the brand-new Hamilton County Superior Court 7, my client testified that he had consumed alcohol only after he stopped driving. I argued that the state could not prove intoxication at the time he was operating the vehicle. The jury returned a not-guilty verdict in just seven minutes.

Another client, S.L., was involved in an accident in Hamilton County. The portable breath test read exactly .08 and the certified test came back .076. Because the portable test is not admissible in court, the state tried to rely on the chemical test and the field sobriety tests. I focused on how the accident itself could explain poor performance on those tests, including how spinning from the crash can cause nystagmus that mimics intoxication. I cross-examined the state’s toxicologist who could not say beyond a reasonable doubt that my client was intoxicated at the time of the crash. The jury found S.L. not guilty.

In Hancock County, my client J.H. was stopped while lost and trying to find a new friend’s home. He performed poorly on the field sobriety tests, but the portable breath test showed no alcohol. A blood draw later revealed THC metabolites and he was charged with OWI. At trial I had the officer demonstrate the tests for the jury and explained how they are designed to be difficult even for sober people. The state could not prove actual intoxication while driving, and the jury returned not guilty.

I also represented A.G. who was found asleep in his car with front-end damage. He performed the field sobriety tests under difficult conditions and was charged after a blood draw. It turned out the blood sample was insufficient for testing, so the state had to rely on behavior and the tests alone. I introduced evidence of my client’s mental health issues and argued that erratic behavior and failed tests were not enough for conviction. The jury agreed and returned not guilty.

Challenging Field Sobriety Tests and Chemical Tests in Indiana

Field sobriety tests are not foolproof. They are difficult even for sober people, especially after a car accident, on uneven ground, in bad weather, or when someone has a medical condition. I cross-examine officers on every detail of how the tests were administered because small mistakes can make the results unreliable. Portable breath tests are not admissible in court, but officers still use them to decide whether to arrest you.

Chemical tests at the station or hospital can also be challenged. Issues with machine calibration, proper observation periods, rising blood alcohol levels, or problems with the blood draw itself happen more often than people realize. I dig into every piece of evidence to find those weaknesses.

Local Knowledge Across All the Counties I Serve

I appear in court in Noblesville, Carmel, and Fishers more than anywhere else, but my clients also come from Indianapolis, Greenfield, Danville, Plainfield, Avon, Muncie, Lebanon, Zionsville, Franklin, Greenwood, Anderson, Bloomington, Nashville, Lafayette, Rushville, Rockville, South Bend, Shelbyville, and Martinsville. Each county has its own prosecutors and judges with their own approaches. Knowing those differences helps me build the right strategy for your specific case.

Frequently Asked Questions About Drunk Driving Defense in Central Indiana

What is the difference between a DUI and an OWI charge in Indiana?

Indiana officially calls it Operating While Intoxicated, but everyone still uses the term DUI or drunk driving. The elements are the same. I explain the exact statute to every client so they understand exactly what the state has to prove and where the holes in their case might be.

Can I still drive after an OWI arrest in Hamilton County or Marion County?

Your license may be suspended administratively right away, but I can often help you petition for specialized driving privileges so you can still get to work, school, or medical appointments. I file those requests quickly because every day without driving can create real hardship for my clients in central Indiana.

What if I refused the breath or blood test?

Refusal carries its own one-year license suspension, or two years if you have a prior. But refusal also means the state has to prove intoxication without the chemical test result. I have won cases where the only evidence was the field sobriety tests and officer observations, because juries understand those tests are not always reliable.

How long will my OWI case take in Noblesville or Indianapolis?

It depends on whether we resolve it early or take it to trial. Some cases wrap up in a few months with a good plea. Others, especially the ones I push to trial, can take longer, but I keep my clients informed every step of the way so there are no surprises.

Do I really need a lawyer or can I just go to court myself?

I always tell people that representing yourself in an OWI case is risky. The prosecutors do this every day. I have the experience to spot issues they might miss and the trial skills to fight when a good deal is not on the table. My clients who hire me early almost always end up with better outcomes than those who wait.

What happens if this is not my first OWI in central Indiana?

Prior convictions turn the next one into a felony with mandatory jail time and longer suspensions. I dig deep into the prior case to see if it can be challenged or if there are ways to avoid the enhancement. I have negotiated favorable resolutions even in repeat-offender cases because I know how to present mitigating evidence to the court.

Can you get my OWI case dismissed in Hancock or Hendricks County?

Dismissals happen when the stop was invalid, the tests were improperly administered, or the evidence does not hold up. I have secured not-guilty verdicts and dismissals in Hancock County and Hendricks County because I take the time to investigate every detail instead of rushing to a plea.

Will an OWI conviction show up on my record forever?

Not necessarily. Depending on the outcome, some charges can be expunged later. I talk with clients about long-term consequences from the very first meeting so they understand what a conviction or a reduction really means for their future in central Indiana.

How soon should I call a drunk driving lawyer after an arrest?

The sooner the better. Evidence can be lost, witnesses’ memories fade, and deadlines for requesting specialized driving privileges or fighting the administrative suspension are tight. I offer free consultations right away so you can start protecting your rights immediately.