Frequently Asked Questions About First-Offense OVWI in Hamilton County
Will I automatically go to jail for a first OVWI?
No. Jail is not mandatory for a first-offense OVWI in Indiana, even in Hamilton County.
Can the prosecutor still ask for jail time?
Yes. Prosecutors can request jail time, which is why having a defense attorney matters.
Is a first OVWI always a misdemeanor?
Usually, yes. But it can become a felony if a child was in the car or if someone was seriously injured or killed.
Should I accept a plea deal that includes jail time?
In our view, no. For a first-offense OVWI, jail time is not something you should simply accept without a fight.
When should I hire a criminal defense attorney?
Immediately. Early intervention often makes a meaningful difference in the outcome of an OWI or DUI case.
