What to Expect After a DUI or OWI Arrest in Indiana
Indiana law enforcement agencies are responsible for identifying and charging drivers suspected of impaired driving. In Indiana, this offense is legally called Operating While Intoxicated (OWI), though many people still refer to it as Driving Under the Influence (DUI). For many individuals, a DUI or OWI arrest is their first interaction with the criminal justice system, making the situation especially overwhelming.
An OWI arrest can result in jail time, license suspension, fines, employment consequences, and long-term damage to your record. Working with an experienced criminal defense attorney in Indiana gives you the best opportunity to protect your rights and limit the impact of these charges.
Implied Consent and Chemical Testing After a DUI Arrest
Under Indiana law, drivers are subject to implied consent, meaning you are legally required to submit to chemical testing of your breath, blood, or urine following a DUI arrest. These tests are used to measure alcohol or drug impairment and are a primary source of evidence in OWI cases.
Although chemical testing is mandatory, submitting to testing does not prevent you from defending yourself in court. A skilled OWI lawyer in Indiana will closely examine every aspect of the traffic stop, arrest, and testing procedure for legal errors or constitutional violations.
If your chemical test result exceeds the legal limit, the Indiana Bureau of Motor Vehicles may impose an administrative license suspension, separate from the criminal case. If your DUI attorney succeeds in dismissing the charge, this suspension may be reversed.
Arrest and Jail Processing After a DUI or OWI
Chemical testing is one of the first things done after your arrest because authorities want to capture evidence of alcohol consumption before it fades from your body. A drunk driving arrest typically results in you spending a few hours or a couple of days in the local jail. The processing officer will record your personal information, take your picture, and collect your fingerprints.
If your jurisdiction has a pretrial release program and you qualify, then you may be released without the necessity of a bond. If your jurisdiction requires a bond, then you may have the option to pay a bail bond right away. If you or someone you know pays the bond, you can leave the jail, but you must appear at the initial hearing. If you have to wait for the court to determine the bail amount, or no one can pay, you will likely stay in jail until your hearing.
Initial Hearing and Formal Criminal Charges
You will hear the criminal charges filed against you at your initial hearing. You have a right to legal counsel at this hearing. However, you may not have had a chance to obtain a lawyer at that point since the initial hearing is typically conducted soon after your arrest. Even so, do not assume that no attorney is available for you. The court might appoint counsel for the hearing, and keep in mind that the best DUI lawyer in your area will strive to attend a new client’s initial hearing on short notice.
In fact, the initial hearing could present an opportunity to have charges dismissed depending on the evidence. One of the purposes of the initial hearing is for the judge to review the probable cause for your arrest. Your DUI lawyer could potentially argue that there is no probable cause that you operated a vehicle while intoxicated, which could result in the dismissal of your case or prevent your license from being suspended.
Although a case dismissal at the initial hearing is ideal, most defendants will proceed with the judicial process. The court will typically enter a preliminary “not guilty” plea on your behalf. If you have a DUI lawyer at your initial hearing the best OWI attorney will agree that you should plead not guilty. This allows you to develop a defense strategy and potentially avoid conviction. A guilty plea at your initial hearing removes almost any chance of limiting penalties.
At the conclusion of the initial hearing, the court will schedule your next court dates. If you do not have a lawyer yet, you should use the time before your next court appearance to consult a DUI attorney.
Understanding DUI and OWI Penalties in Indiana
After your release, meeting with a criminal lawyer in Indiana allows you to understand potential penalties and defense strategies. Indiana OWI penalties vary depending on blood alcohol concentration, prior offenses, injuries, or fatalities.
General Overview of OWI Penalties in Indiana:
- Class C Misdemeanor – Blood Alcohol Concentration (BAC) from 0.08% to 0.15% – 0 to 60 days in jail, $0 to $500 in fines
- Class A Misdemeanor – BAC 0.08% and up – 0 to 1 year in jail, $0 to $5,000 in fines
- Level 6 Felony – Minor was in the vehicle, bodily injury, or 2nd OWI in 5 years – 6 months to 3 years in jail, $0 to $10,000 in fines
- Level 5 Felony – Previous OWI causing bodily injury or death – 1 to 6 years in jail, $0 to $10,000 in fines
- Level 4 Felony – OWI killed someone – 2 to 12 years in jail, $0 to $10,000 in fines
Upon conviction, your license can be suspended the same length of time authorized for jail. Additionally, some sentences could include mandatory alcohol abuse or victim impact education.
During this pretrial stage, you and your attorney can decide if you should apply for Specialized Driving Privileges (SDP) or await the outcome of your case. In some circumstances, such as a first offense OWI with no aggravating factors, your license suspension may end being of short duration.
Specialized Driving Privileges and License Suspension
During the pretrial phase, your attorney may help you apply for Specialized Driving Privileges (SDP), allowing limited driving for work, medical care, or family responsibilities. In some first-offense cases with no aggravating factors, license suspensions may be brief or avoided entirely.
Learn more about underage drinking and driving laws in Indiana.
Building a Strong DUI Defense Strategy
A criminal defense attorney at Webster & Garino, LLC will use the time before your next court date to examine the evidence against you. If feasible, motions may be filed to suppress evidence if mistakes occurred.
Efforts like this could result in a case dismissal or strengthen your position to negotiate a plea bargain. A plea agreement would exchange your guilty plea for the OWI, or perhaps a lesser offense, for a tolerable sentence instead of the maximum penalties possible. Occasionally, an OWI case goes to trial, and in that instance, we would argue your position vigorously before the jury.
Best DUI Lawyer – We Pursue the Best Outcome for Your OWI Case
At Webster & Garino LLC, we understand how frightening and disruptive a DUI arrest can be. Our criminal defense lawyers work aggressively to protect your freedom, restore driving privileges, and minimize long-term consequences.
If you are searching for the best DUI lawyer, OWI attorney near me, or a trusted Indiana criminal defense law firm, contact Webster & Garino LLC today.
📞 Call (317) 434-3113 or email our office to schedule your free consultation and discuss your next steps with confidence.
