Elkhart OWI Attorney
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, your right to the hearing is lost, and your Indiana driver's license is automatically suspended for the applicable statutory time frame. In order to keep your right to an Administrative Hearing, it is important that you submit your request to the Indiana Bureau of Motor Vehicles within 10 days.
OWI (Operating While Intoxicated) Charges in Elkhart, Indiana:
Indiana OWI (DUI) arrests result in the police officer selecting a choice of blood, breath or urine testing to determine the alcohol content of the person arrested for OWI (DWI). The person arrested for drinking and driving in Indiana has no right to select the test, nor any right to consult with an OWI defense attorney before deciding whether or not to submit to the test.
Under Indiana law, once you have been charged with 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 Indiana driver's license by the Indiana Bureau of Motor Vehicles. While both actions can result in the suspension of your driving privileges in Indiana, it is important to remember that there may be other penalties to think about and each action must be handled separately.
OWI Penalties for First Time Offenders
- Deferment - Deferment is only available to first time OWI offenders. This option dismisses the OWI charges against the individual, provided that the offender successfully completes an alcohol evaluation and treatment program.
- OWI Chemical Test Refusal - Refusing to submit to a chemical test when requested by Elkhart law enforcement officers will result in the suspension of driving privileges for 1 year.
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 an Elkhart, Indiana OWI criminal defense lawyer for a fast, free consultation.
- Monetary Fines - Fines for a first time OWI offender in Elkhart, Indiana is $500, plus court costs, up to $5,000.
- Driving Privileges - An OWI conviction results in the suspension of driving privileges in Indiana for a minimum of 30 days up to two (2) years.
- Time in Jail - A first time OWI offender will face 60 (SIXTY) days in jail, up to 1 year in jail.
- Commercial Drivers - Commercial drivers are in violation of the OWI statute with a Blood Alcohol Content (BAC) level of 0.04. A first time OWI conviction will result in the loss of the commercial driver's license for one year (1 year), while any subsequent OWI (DUI) offenses will result in a lifetime loss of the commercial license (Indiana CDL.)
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 an Elkhart, Indiana OWI criminal defense lawyer for a fast, free consultation.
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