No one sets out intending to get charged with a DUI (officially called an OVWI), but it happens every day. For anyone who has been charged, it’s important to contact an experienced Indiana DUI lawyer as soon as possible.
In Indiana, every DUI that results in conviction has at least three opportunities for the defendant’s driver’s license to get suspended:
- an administrative suspension for chemical test failure while the criminal case is pending;
- the criminal sentence, which frequently involves a license suspension; and
- post-conviction requirements (SR22, completing a driver safety program) from the Bureau of Motor Vehicles.
Administrative Suspension
An arrest for DUI usually triggers a license suspension before you’ve ever been convicted. No, this is not fair. When you’ve been arrested for DUI, the court recommends that the BMV suspend your driver’s license for 180 days while the criminal case plays out. Officially, this administrative suspension is not imposed by the court.
If the police are claiming you refused a chemical test, that’s a different set of problems on its own. A refusal suspension lasts for at least a year, and if you have a prior DUI conviction, it’ll be two years. There is no scenario where it’s advantageous to refuse a certified chemical test.
Many courts in Indiana allow for Specialized Driving Privileges during the administrative suspension, but some don’t. Some courts won’t allow you to drive on the administrative suspension but will consider Specialized Driving Privileges once the case has been resolved. The law leaves it up to each individual judge, but it helps to have an Indiana DUI lawyer who knows their way around the process.
Criminal Sentence
Beyond the administrative license suspension, there’s the actual criminal case. In the State of Indiana, the lowest possible DUI charge is a Class C misdemeanor, which carries a maximum penalty of 60 days in jail and a $500 fine. You’re probably not going to jail for a Class C misdemeanor, but the maximum jail sentence is important because it’s also the maximum length of your driving suspension.
In many cases, however, DUI is charged as a Class A misdemeanor, which carries a maximum penalty of 365 days in jail and a $5,000 fine. The difference between a Class C misdemeanor and a Class A misdemeanor is a little bit of dangerous driving, and it doesn’t take much for police to add an endangerment charge.
The good news is that whatever suspension time you serve while the case is pending should count toward your ultimate criminal suspension. That is, if you spend 90 days suspended during the course of your criminal case, and then the judge orders a 180-day license suspension at sentencing, you’ve already served half of your driving suspension.
You probably won’t be charged with a felony for your first DUI, but this is not a guarantee. There are exceptions if you had a passenger under the age of 18 in the vehicle or if you caused a collision that resulted in serious bodily injury or death. If you’re charged with a felony, you should contact an Indiana DUI lawyer as soon as possible.
BMV Requirements
After your criminal case is over, you still need to worry about making peace with the BMV. In most cases, all this requires is getting an SR22 certificate on file. The purpose of SR22 is to make it so you can’t allow your auto insurance to lapse without the BMV getting notice. You’ll likely need to carry the SR22 for three years following your DUI conviction.
If this is your first DUI, but you’ve also accumulated nine other moving violations in the last 10 years, you might qualify for a habitual traffic violator (HTV) suspension. This is not a good thing.
An HTV suspension of this sort will leave you without driving privileges for five years, but HTV is also available in a 10-year variety.
Even if this is your first DUI, if you also have two felony convictions involving the operation of a motor vehicle in the past 10 years (including reckless driving or leaving the scene of an accident), the BMV can impose a 10-year driving suspension. It’s important for your Indiana DUI lawyer to be able to look at your driver record to anticipate this sort of obstacle.
Make the Right Call
These are the consequences you can expect if you’re facing your first DUI in Indiana, but not all defense lawyers are equally suited to the job. If you want the best possible outcome for your case, you should reach out to a practice that was built on DUI defense. Call the Marc Lopez Law Firm at 463-842-1603, and remember—always plead the 5th!
