In Indiana, DUI, also referred to as OWI (Operating While Intoxicated), occurs when an individual operates a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. Additionally, it is important to note that DUI laws also encompass driving under the influence of drugs, regardless of whether they are prescription medications or illicit substances.

Indiana operates under an implied consent law, which means that by operating a motor vehicle, drivers automatically consent to chemical testing if lawfully arrested for DUI. Refusal to take a chemical test may result in an automatic license suspension, even if the driver is not ultimately convicted of DUI. However, drivers do have the right to request an independent test from a qualified professional after the initial test is administered.

In Indiana, "DUI" stands for "Driving Under the Influence," while "DWI" stands for "Driving While Intoxicated." However, Indiana typically uses the term "OWI," which stands for "Operating While Intoxicated." In practice, "DUI" and "OWI" are used interchangeably to refer to the offense of driving a vehicle while under the influence of alcohol or drugs.

A prior DUI conviction can impact your current case in several ways: It might result in enhanced penalties, such as longer license suspension, higher fines, or longer jail time. Prosecutors might be less willing to offer favorable plea deals. Judges might view repeat offenders more harshly during sentencing.

The penalties for a DUI conviction in Indiana can be severe and vary based on the number of prior offenses and aggravating factors. For first-time offenders, potential consequences may include fines, license suspension, probation, mandatory substance abuse treatment, and community service. Subsequent offenses carry even harsher penalties, including longer license suspensions, mandatory jail time, and the installation of an ignition interlock device.

The state of Indiana only allows DUI expungement after a waiting period, which requires the defendant to meet specific criteria while ongoing. You should consult with an experienced attorney to discuss options based on your individual case. 

In Indiana, you have the right to refuse a breathalyzer test or field sobriety tests; however, there are consequences for doing so. Indiana has an "implied consent" law, which means that by obtaining a driver's license, you've implicitly agreed to chemical testing (like a breathalyzer) if you're suspected of DUI. Refusing such tests can result in immediate license suspension, and prosecutors may use your refusal as evidence in court.