Getting arrested for DUI / OVWI in Indiana can be a jarring experience. For many, one of the first questions is: How long will I be in jail? The answer depends on several factors, including your level of intoxication, criminal history, and the county where you were arrested. Let’s break down each of these factors to give you a better idea of what to expect.
Factor 1: Your Level of Intoxication
In Indiana, your blood alcohol content (BAC) at the time of arrest plays a key role in determining how long you’ll remain in jail. Under state law, you cannot be released until your BAC falls below 0.08. Here’s a quick breakdown of the waiting period based on BAC:
- BAC of 0.15 – You may need to wait about five hours to sober up to a legal release level.
- BAC of 0.25 – This level could mean a wait of up to 12 hours before reaching the 0.08 threshold.
Every county treats BAC differently. While some begin the processing of inmates immediately, others delay it until you are below the legal limit. Additionally, if an officer suspects drug intoxication, the processing can become even more complicated, often involving medical clearance by a nurse, which could extend your stay in jail.
Factor 2: Your Criminal History
Indiana counties each set their own policies, but having a criminal record often means tougher conditions for release. If you have a history of DUI / OVWI offenses, or if you’re on parole or probation, you may face a “no bond” hold until you can appear in front of a judge.
For example, if you’re arrested on a Friday night, you might be in jail until the following Monday or Tuesday before you can appear in court. Also, multiple DUI / OVWI convictions often lead to higher bond amounts or special conditions for release, adding to your time in custody.
Factor 3: County Policies and Court Schedules
The county in which you’re arrested has a direct impact on your release time. Here are a few examples of how county procedures can vary:
- Counties with 24/7 Judges: Counties like Marion have judges available to process charges around the clock, often speeding up the bond and release process.
- Counties Without 24/7 Judges: Smaller counties without continuous court availability may delay your release, sometimes until a judge is available to review your case.
- Jail Processing Capacity: Larger counties often have facilities to process detainees more quickly. In smaller or more rural counties, limited resources can result in slower processing times.
Each county’s resources, facilities, and policies play a crucial role in how long you’ll be in jail following an arrest for DUI / OVWI.
Indiana’s Bond System: Can You Get Out of Jail Faster?
Indiana’s bond system is generally straightforward for DUI / OVWI cases, but outcomes vary depending on individual circumstances and county bond schedules. Here’s how it works:
- First-Time Offenses: Many counties set low bond amounts for first-time offenders, and some even allow release without bond.
- Multiple Offenses or Criminal History: With previous convictions or a pending charge, bond amounts may increase, or you could face a “no bond” hold, delaying release until a judge reviews your case.
Indiana’s Pretrial Pilot Project aims to increase fairness by allowing first-time or non-violent offenders to secure an “own recognizance” (OR) release, eliminating the need for bond in some cases.
How Marc Lopez Law Firm Can Help You
If you’re facing a DUI / OVWI charge, a skilled attorney can assess the unique circumstances of your arrest and guide you through the best steps to expedite your release. The attorneys at the Marc Lopez Law Firm understand Indiana’s complex DUI laws and are committed to protecting your rights.
With the right legal support, you’ll have a better chance of a timely release and can focus on preparing a defense that puts you in the best position to fight your DUI / OVWI charge. Contact the Marc Lopez Law Firm at 463-282-3514, and remember—always plead the Fifth!
