Being arrested for OWI is a serious offense that can have significant consequences, including jail time, loss of driving privileges, and monetary fines.  It is imperative that anyone facing such a charge understand what challenges they will encounter.  Seeking the legal advice of a competent and experienced OWI attorney will help you understand all of your rights and options. 

What happens if I was arrested for OWI?
Under Indiana law, once you have been cited for violating the OWI statute, the state initiates two simultaneous, yet separate legal actions against you.  The Criminal Action is in response to the ticket that was issued to you, while the Administrative Action is brought against your driver’s license by the Indiana Bureau of Motor Vehicles.  While both actions can result in the suspension of your driving privileges, it is important to remember that there may be additional penalties to consider and each action must be handled separately.   

Administrative Hearing
Pursuant to Indiana law, an individual has 10 days to request an Administrative Hearing from the Bureau of Motor Vehicles.    If you fail to request a hearing within 10 days, your right to the hearing is lost, and your license is automatically suspended for the applicable statutory time frame.  In order to preserve your right to an Administrative Hearing, it is crucial that you submit your request to the Bureau of Motor Vehicles within 10 days.      

DUI Penalties for First Time Offenders

Jail Time
A first time OWI offender will face 60 days in jail, up to 1 year.

Monetary Fines
The fine for a first time OWI offender is $500.00, plus court costs, up to $5,000.00.

Driving Privileges
An OWI conviction results in the suspension of driving privileges for a minimum of 30 days, up to 2 years. 

Chemical Test Refusal
Refusing to submit to a test when requested by law enforcement will result in the suspension of driving privileges for 1 year.   

Deferment
Deferment is only available to first time OWI offenders.  This option dismisses the OWI charges against the offender, provided that the offender successfully completes an alcohol evaluation and treatment program. 

Commercial Drivers
Commercial drivers are in violation of the OWI statute with a blood alcohol content (BAC) of 0.04.  A first time OWI conviction will result in the loss of the commercial driver’s license for 1 year, while any subsequent OWI offenses will result in a lifetime loss of the commercial license. 

OWI Subsequent Offenses
Penalties are increasingly more severe for any additional OWI violations.  Due to the complexity of OWI laws, you may not be aware of your rights and the potential defenses available to your case.  An experienced and competent attorney can guide you through this emotionally challenging process.  Please contact a lawyer for an immediate, free consultation.