Criminal Defense
Your Trusted DUI Attorney in Indiana
A DUI Charge Is Common. The Consequences Are Not Minor.
Every year, thousands of Indiana drivers face charges for operating a vehicle under the influence of alcohol or drugs. DUI, DWI, and OWI are terms that are often used interchangeably, but Indiana law uses the term OWI — Operating While Intoxicated — to cover what most people think of as a drunk driving charge. Under Indiana law, any driver with a blood alcohol content of .08% or higher can be charged with OWI. In some circumstances, a driver can be charged even below that threshold if other evidence of impairment exists.
A conviction carries consequences that reach far beyond a fine or a license suspension. A first-offense OWI in Indiana can result in jail time, mandatory substance abuse programs, ignition interlock requirements, increased insurance rates, and a criminal record that follows a person into job applications, housing decisions, and professional licensing. For commercial drivers, a conviction can mean the end of a career.
The charge is common. The stakes are not — and an experienced criminal defense attorney in Evansville can make the difference between a conviction that reshapes a client’s life and a result that protects it.
Our Approach
How Ziemer & Ziemer Handles DUI Defense Cases
Understanding the Charge and What the State Must Prove
Indiana OWI charges can be based on breath test results, blood test results, field sobriety test performance, or officer observations — and each of those evidence types carries its own legal vulnerabilities. Ziemer & Ziemer examines the full record of every DUI case from the initial traffic stop through the arrest and testing procedures. The questions that matter include whether the stop was lawful, whether testing equipment was properly calibrated and administered, whether field sobriety tests were conducted correctly, and whether the evidence the state intends to present would actually hold up under courtroom scrutiny.
Not every OWI case is the same. A first-time offense with a borderline BAC presents different defense opportunities than a case involving a prior conviction, a high BAC, or additional criminal charges. Ziemer & Ziemer builds a defense strategy tailored to the specific facts of each case rather than applying a generic approach to every client.
What a DUI Conviction Can Cost
- Jail time, even on a first offense
- License suspension and potential hardship license restrictions
- Mandatory ignition interlock device installation
- Fines, court costs, and probation fees
- Mandatory substance abuse evaluation and treatment
- Permanent criminal record affecting employment and housing
- Elevated auto insurance rates for years following conviction
Sole custody means one parent holds primary legal or physical custody. The other parent typically receives parenting time, but one parent carries the decision-making authority or the child primarily resides with one household.
Joint custody means both parents share legal or physical custody, or both. Joint arrangements require a workable level of communication and cooperation between parents. Indiana courts can order joint custody even when one parent objects, if the evidence supports it as the best arrangement for the child.
WHY NOT GO IT ALONE
Should a DUI Charge Ever Just Be Pled Out?
Many people facing a first DUI charge assume the evidence is overwhelming and that pleading guilty is the fastest way to put the matter behind them. That assumption is often wrong. Breath and blood test results can be challenged. Traffic stops can be scrutinized for constitutional compliance. Prosecutor offers made early in a case are frequently not the best outcome available to a represented defendant
Accepting a plea without having an attorney review the evidence, identify the vulnerabilities in the state’s case, and negotiate from a position of legal knowledge leaves significant outcomes on the table. The difference between a conviction and a dismissed or reduced charge can follow a client for decades.
WHY NOT GO IT ALONE
Should a DUI Charge Ever Just Be Pled Out?
Many people facing a first DUI charge assume the evidence is overwhelming and that pleading guilty is the fastest way to put the matter behind them. That assumption is often wrong. Breath and blood test results can be challenged. Traffic stops can be scrutinized for constitutional compliance. Prosecutor offers made early in a case are frequently not the best outcome available to a represented defendant.
Accepting a plea without having an attorney review the evidence, identify the vulnerabilities in the state’s case, and negotiate from a position of legal knowledge leaves significant outcomes on the table. The difference between a conviction and a dismissed or reduced charge can follow a client for decades.
WHY ZIEMER & ZIEMER
Ziemer & Ziemer: A DUI Trial Record That Speaks for Itself
10+ Jury Trials. Zero Convictions.
Jay Ziemer spent more than a year focused exclusively on DUI defense, trying these cases at a depth most attorneys never reach. He has taken more than ten DUI cases to jury trial in Indiana. Not one of those clients was convicted of DUI.
That record is not a statistic — it reflects a specific approach to DUI defense built on thorough case preparation, aggressive challenge of the state’s evidence, and the willingness to take a case to trial when the facts support it.
The Case That Defines the Record
One of Jay’s DUI jury trials stands out for reasons beyond the outcome. His client was a multiple-offense defendant who, facing trial, fled the state and relocated to Florida. Rather than dismiss the case, the judge ordered it to proceed. Jay Ziemer tried the case to a jury without his client present — no defendant at the defense table, no client to testify, no opportunity to humanize the person the jury was deciding on. Jay presented the defense, challenged the state’s evidence, and argued to the jury. The verdict came back not guilty on all counts, including the DUI.
That result — an acquittal in a case with an absent defendant and a prior record — is the kind of outcome that defines what experienced DUI defense actually looks like.
