Think You Should Just Plead Guilty to Your DUI? Think Again.
If you’ve been arrested for drunk driving in Indiana, you’re probably overwhelmed. Maybe the officer said they saw everything. Maybe you blew over the limit. Maybe it feels like there’s no way out, so why bother fighting?
The Marc Lopez Law Firm hears this all the time:
“Should I just plead guilty and get it over with?”
“Do I even need a lawyer for this?”
Here’s the honest answer: If you plead guilty right away, you’re handing the State an easy win—and possibly wrecking your life in the process.
DUI in Indiana Is Not Simple—It’s OVWI, and It’s Complicated
First things first: In Indiana, we don’t use “DUI” as the legal term. The official charge is Operating a Vehicle While Intoxicated—or OVWI for short. But whether you call it DUI, OWI, or OVWI, the penalties are real, and the process is more complex than most people think.
It’s not just about whether the officer saw you driving or whether your breath smelled like booze. A proper DUI defense looks at:
- Was the traffic stop even legal?
- Were field sobriety tests performed correctly?
- Was the breath test machine calibrated?
- Was a blood draw handled according to medical protocol?
These aren’t technicalities—they’re constitutional rights. When we build a defense, we go through every part of the investigation to make sure law enforcement did their job by the book. If they didn’t, we make that known in court.
Pleading Guilty Early Is a Terrible Idea
It might feel like the path of least resistance. Maybe you think, “I did it, what’s the point of fighting?”
Here’s the problem:
When you plead guilty at your first court appearance, you give up your right to challenge any part of the case. You’re stuck with:
- A criminal conviction
- A possible jail sentence
- A license suspension that could last months—or years
- The risk of being labeled a Habitual Traffic Violator if you’ve had prior issues
All of this without ever getting a second opinion.
Let’s be clear: Pleading guilty on Day One is like waving the white flag before you’ve even seen the battlefield.
First-Time DUI? You Might Still Go to Jail
People often assume that if it’s their first time, the consequences won’t be too harsh. That’s not always true.
- First-time DUI: Jail is possible, depending on the county. Some courts are stricter than others.
- Second DUI: Mandatory minimum of five actual days in jail—even if your first was decades ago.
- Third or subsequent DUI: Statute requires at least 10 actual days behind bars.
And remember—jail time is just one part of the puzzle. You could also lose your driver’s license for:
- One year even for a first offense
- Two years or longer if there is a prior DUI conviction
- Up to 10 years if the BMV designates you a Habitual Traffic Violator
That’s a long time to be asking for rides, missing work, or relying on Ubers just to get through the day.
What About Using a Lawyer Who Doesn’t Regularly Practice Criminal Defense?
We’ve heard it all:
“My cousin’s a business attorney. He says he can help.”
“A buddy from church knows a lawyer who mostly does wills, but he’s giving me a deal.”
Here’s the problem:
Hiring a general practice attorney to handle your DUI is like asking a foot doctor to perform heart surgery.
- DUI law in Indiana is technical
- OVWI defense involves scientific evidence, protocols, and state-specific rules
- Your future is riding on how well your attorney understands the nuances of license suspensions, chemical test procedures, and habitual offender laws
Would you trust a real estate lawyer to fight a criminal charge? Would you trust your job, your family, and your license to someone who’s never seen the inside of a criminal courtroom?
Don’t cut corners.
License Suspensions and the Habitual Traffic Violator Trap
DUIs don’t exist in a vacuum. If you’ve had other issues—like speeding, driving while suspended, or leaving the scene of an accident—the consequences stack up fast.
The Indiana BMV can classify you as a Habitual Traffic Violator if you rack up enough serious infractions. That means:
- A five-year license suspension, or
- A ten-year suspension in more serious cases
Imagine pleading guilty to a DUI, thinking it’s over—only to get a letter from the BMV saying you can’t legally drive for the next decade. It happens more than you’d think.
Why Hiring the Right Criminal Defense Attorney Matters
This isn’t just about knowing the law. It’s about knowing how the courts actually work.
At the Marc Lopez Law Firm:
- We fight DUI charges every day.
- We know the judges, the prosecutors, the court staff—because we’re in those courtrooms week in and week out.
- We’ve built a reputation for results—and that helps us advocate effectively on your behalf.
We’ve handled thousands of DUI and criminal defense cases across Indiana. Our job is to look under every rock, challenge every assumption, and find every possible way to get you a better outcome.
What’s at Stake?
If you’re facing a DUI charge, here’s what’s on the line:
- Your freedom (jail time is a real possibility)
- Your driver’s license (which you might need for work or family)
- Your criminal record (which employers and schools will see)
- Your financial stability (court costs, insurance hikes, and lost income)
Don’t leave your future to chance—or to someone who doesn’t specialize in criminal defense.
Take Control of Your Case
If you’re asking yourself, “Do I really need a lawyer?”—the answer is yes.
You need someone who knows the courts.
You need someone who challenges the evidence.
You need someone who won’t let you get railroaded just because it’s your first time.
Call the Marc Lopez Law Firm at 463-276-5737 for a confidential consultation. Let us help you understand your rights, protect your license, and fight for the best possible outcome.
And remember—always plead the 5th.
