Indiana DUI FAQs: What Happens After a DUI Arrest?
1. What happens after you are arrested for a DUI in Indiana?
After an Indiana DUI arrest, you will usually go to jail and may be released once you sober up. Many first-time DUI defendants are released on their own recognizance rather than being held until court. Before leaving, you will typically receive paperwork showing your first court date. That first appearance is generally called an initial hearing. Depending on your criminal history, probation or parole status, and the county handling the case, you may instead be held until you appear before a judge.
2. What happens at an initial hearing for an Indiana DUI?
At an Indiana DUI initial hearing, the judge generally addresses your constitutional rights, criminal charges, and potential penalties. The court may also address your driving privileges. The initial hearing is primarily procedural. It is not normally the time to argue the evidence or convince the judge that the arresting officer got everything wrong. After the initial hearing, the court will schedule future dates, which may include a pretrial conference while the defense obtains and reviews discovery from the State.
3. Can your driver’s license be suspended at your first DUI court hearing in Indiana?
Yes. Your driving privileges can become an issue at the initial hearing if the judge finds probable cause that you operated a vehicle while intoxicated. The State may seek a driver’s license suspension even before the criminal case is resolved. An attorney may be able to address the suspension and evaluate options for keeping you legally on the road. Indiana commonly calls restricted driving relief specialized driving privileges, although the available options depend on the circumstances of the case.
4. What happens if you refuse a chemical test after an Indiana DUI arrest?
Refusing a chemical test can result in a significant suspension of your Indiana driving privileges. A first refusal can trigger a one-year suspension, while a subsequent refusal can trigger a two-year suspension. A refusal can also make obtaining ordinary specialized driving privileges more difficult. Indiana’s implied consent rules apply to chemical testing offered after the applicable legal requirements are satisfied. An attorney can evaluate the refusal, resulting suspension, and any other available options for driving while the OVWI case is pending.
5. Do you have to personally attend your first court hearing for an Indiana DUI?
Not always. In many Indiana misdemeanor cases, an attorney may be able to waive the initial hearing for the defendant. A waiver can save you from missing work or school and sitting through a crowded court calendar. Waiving the hearing does not dismiss the OVWI charge or prevent the State from seeking a driver’s license suspension. It simply means you may not have to personally attend that procedural hearing. Whether an initial hearing can be waived depends on the particular case and court.