Frequently Asked Questions About DUI and OVWI Cases in Indiana
What happens immediately after a DUI arrest in Indiana?
After a DUI or OVWI arrest, you will typically be transported to jail for booking. This process usually includes fingerprinting, photographs, and paperwork. Many first-time offenders are released within 12 to 24 hours and receive information about their next court date before leaving custody.
What is the difference between a DUI and an OVWI in Indiana?
There is no practical difference. While many people use the term DUI, which means Driving Under the Influence, Indiana law refers to the offense as OVWI, which stands for Operating a Vehicle While Intoxicated.
Will I go to jail after a first-time DUI arrest?
Possibly, but many first-time offenders are released after booking and processing. Every case is different, and factors such as prior criminal history, the facts of the case, and local court practices can affect whether someone remains in custody.
What is an initial hearing in a DUI case?
The initial hearing is your first formal court appearance after charges have been filed. During this hearing, the court advises you of the charges, discusses your rights, and may address issues involving your driver’s license and bond conditions.
Why is the initial hearing so important?
The initial hearing can have a significant impact on your driver’s license. In many cases, the State may ask the court to suspend your driving privileges. Hiring a criminal defense attorney before this hearing can help you understand your options and potentially protect your ability to drive.
Can I lose my driver’s license after a DUI arrest?
Yes. A DUI arrest can lead to both administrative and court-ordered license suspensions. The exact consequences depend on the facts of your case, including whether you submitted to chemical testing and whether you have prior offenses.
What is Indiana’s implied consent law?
Indiana’s implied consent law, found in Indiana Code 9-30-6, states that anyone who operates a vehicle in Indiana has already agreed to submit to chemical testing if law enforcement has probable cause to believe they were operating while intoxicated.
What happens if I refuse a breath test or blood test?
Refusing a chemical test can trigger serious consequences, including a one-year driver’s license suspension for a first refusal. The refusal may also be used as evidence in your criminal case.
Is refusing a chemical test a good way to avoid a DUI conviction?
Generally, no. In many situations, law enforcement can obtain a warrant for a blood draw. As a result, prosecutors may end up with evidence of both the refusal and the chemical test results.
Can I still drive if I refused a chemical test?
Possibly. Depending on the circumstances, there may be legal options available that allow you to continue driving while your case is pending. An experienced DUI attorney can evaluate your eligibility and explain your options.
How long does a DUI case take in Indiana?
Every case is different. Some cases resolve within a few months, while others may take significantly longer, especially if toxicology results are delayed or the case proceeds to trial.
What is the discovery phase of a DUI case?
Discovery is the process where both sides exchange evidence. The State may provide police reports, body camera footage, dash camera recordings, chemical test results, and witness statements. The defense may also conduct its own investigation and gather evidence.
Can my attorney challenge the evidence against me?
Absolutely. A criminal defense attorney may challenge the legality of the traffic stop, field sobriety testing procedures, chemical testing methods, officer observations, or other aspects of the investigation.
What is a plea agreement in a DUI case?
A plea agreement is a negotiated resolution between the defense and the prosecution. The State may offer reduced penalties or alternative resolutions in exchange for a guilty plea. Whether to accept a plea offer is always the client’s decision.
Will my DUI case go to trial?
Some DUI cases go to trial, while others are resolved through negotiations. The right decision depends on the facts, evidence, available defenses, and your personal goals.
What penalties can result from an Indiana DUI conviction?
Potential penalties may include:
- Jail time
- Fines
- Driver’s license suspension
- Probation
- Alcohol education programs
- Community service
- Increased insurance costs
The specific penalties depend on factors such as your alcohol concentration, prior convictions, and whether aggravating circumstances are present.
Can I be charged with OVWI if my blood alcohol content was below .08?
Possibly. Indiana law allows prosecutors to pursue certain OVWI charges based on evidence of impairment, even when a chemical test result is below .08.
Should I hire a criminal defense attorney after a DUI arrest?
Yes. DUI cases involve strict deadlines, driver’s license issues, chemical testing evidence, and potential criminal penalties. An experienced criminal defense attorney can evaluate your case, explain your options, and help protect your rights.
How soon should I contact a DUI lawyer?
Immediately. The earlier an attorney becomes involved, the more opportunities there may be to preserve evidence, protect your driving privileges, and develop a defense strategy.
What should I do if I’ve been arrested for DUI or OVWI in Indiana?
Stay calm, avoid discussing your case with anyone other than your attorney, attend all court dates, and contact an experienced Indiana criminal defense attorney as soon as possible.
Make the Right Call
If you or a loved one has been arrested for DUI, OWI, OVWI, or drunk driving in Indiana, call the Marc Lopez Law Firm at 317-632-3642. Our team is ready to discuss your case and help you understand your options.
And remember: always plead the 5th.
