OWI Attorney Anderson, Indiana
If you are charged with OWI (Operating While Intoxicated) in Anderson, Indiana, there may be serious consequences, including jail time, loss of driving privileges, and monetary fines. OWI (DWI) cases in Indiana are generally misdemeanor offenses, but the penalties in Indiana drunk driving cases can increase dramatically when the BAC (blood alcohol content) is .15% or more. Contacting an accomplished and resourceful OWI attorney can help you understand any defenses you might use in your case.
OWI Charges in Anderson, Indiana:
Pursuant to Indiana law, after you have been charged with violating the OWI statute, the state initiates two separate (yet simultaneous) legal actions. There is a Criminal Action in response to the ticket that was issued to you. Also, an Administrative Action is brought against your driver's license in Indiana by the Indiana Bureau of Motor Vehicles. Both of these actions can result in the loss of your driving privileges, it is crucial to remember that there may be additional penalties to consider.
Indiana OWI (operating while intoxicated) arrests result in the law enforcement officer selecting a choice of breath, blood, or urine testing to determine the blood alcohol content (BAC) of the person arrested for OWI. The person arrested for drinking and driving in Indiana has no right to select the test, and no right right to consult with an OWI lawyer before deciding whether or not to submit to the test.
Administrative Hearing
Pursuant to Indiana law, an individual has 10 days to ask for an administrative hearing from the Indiana Bureau of Motor Vehicles. If you fail to ask for a hearing within 10 days, you lose your right to the hearing, and your driver's license in Indiana is automatically suspended for the applicable statutory time frame. In order to maintain your right to an administrative hearing, it is crucial that you submit your request to the Indiana Bureau of Motor Vehicles within 10 days.
OWI Penalties for First Time Offenders
- Jail Time - A first time OWI offender faces 60 days in jail, up to 1 (ONE) year.
- OWI 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 loss of driving privileges for a minimum of 30 days up to two (2) years.
- Chemical Test Refusal - Refusing to submit to a test when requested by police offiers will result in the loss of driving privileges for 1 (ONE) year.
- Deferment - Deferment is only available to first time OWI offenders in Anderson, Indiana. This option dismisses the OWI charges against the offender, provided that the person finishes an alcohol evaluation and treatment program successfully.
- 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.
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