Being charged with a DUI/OVWI in Hamilton County, Indiana, is a serious legal matter that requires immediate attention. The process typically begins with law enforcement suspecting intoxicated driving, leading to chemical testing, booking, and an initial hearing. At this hearing, the court will formally present charges, outline potential penalties, and discuss a possible license suspension. If a chemical test was refused or failed, a suspension is likely. However, individuals may be eligible for specialized driving privileges, allowing limited driving for essential needs. The Marc Lopez Law Firm helps clients navigate this process, including requesting stays on suspensions and petitioning for restricted driving privileges when possible.
Following the initial hearing, the case moves through pretrial conferences, where attorneys discuss evidence and potential plea deals with the prosecutor. Defendants have the option to negotiate a plea or proceed to trial, with penalties varying based on BAC levels, prior offenses, and aggravating factors. A first offense typically carries a misdemeanor charge, but higher BAC levels or additional offenses can lead to more severe consequences.