Frequently Asked Questions About First-Time DUI/OVWI Charges in Indianapolis
1. Is a first-time DUI a misdemeanor in Indiana?
In most cases, a first-time DUI—called an OVWI in Indiana—is charged as a misdemeanor. An OVWI without alleged endangerment may be charged as a Class C misdemeanor, while an OVWI involving alleged endangerment may be charged as a Class A misdemeanor. The specific charge depends on the facts of the case.
2. Can you go to jail for your first OVWI in Indianapolis?
Yes. Jail time is legally possible for a first-time OVWI conviction. A Class C misdemeanor can carry up to 60 days in jail, while a Class A misdemeanor can carry up to one year in jail. However, the actual sentence depends on the circumstances of the case and the defendant’s history.
3. How long can your license be suspended for a first DUI in Indiana?
The length and type of license suspension can vary depending on factors such as the chemical test results, whether the driver refused testing, and the outcome of the criminal case. Some drivers may be eligible to petition the court for specialized driving privileges that allow limited driving during a suspension.
4. How much does a first-time OVWI cost in Indianapolis?
There is no single amount that every first-time OVWI will cost. Expenses may include fines, court costs, probation fees, attorney fees, alcohol evaluations or classes, increased insurance premiums, and ignition interlock costs. A Class A misdemeanor can carry a statutory maximum fine of $5,000, although that does not mean every defendant will receive the maximum fine.
5. Do I need a lawyer for a first-time DUI in Indianapolis?
You are not required to hire a private attorney, but an OVWI conviction can affect your driver’s license, finances, criminal record, and potentially your freedom. An Indianapolis DUI attorney can examine the traffic stop, chemical testing, evidence of intoxication or endangerment, and options for protecting your driving privileges.
