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If you were recently charged with an Operating a Vehicle While Intoxicated (OVWI), what most people call a DWI, in Hendricks County, you’re probably asking one urgent question: Am I about to lose my driver’s license?
That fear is understandable. Losing the ability to drive affects your job, your family, and your independence. But the situation is not hopeless. Indiana law allows for ways to keep driving while your case moves through the system, and an experienced Hendricks County DWI lawyer can help protect your rights and your license from day one.
Let’s look at what happens after a DWI arrest, what to expect from the court, and how the Marc Lopez Law Firm can fight to keep you on the road.
When you’re charged with a DWI or OVWI, the State of Indiana immediately asks the judge to suspend your driver’s license. This can happen as soon as your initial hearing, often before any evidence is formally reviewed.
That’s why it’s critical to contact a criminal defense attorney immediately after your arrest. Your lawyer can take steps right away to challenge the suspension and preserve your right to drive while the case is pending.
Indiana’s implied consent law means that every driver automatically agrees to chemical testing, breath, blood or both, as a condition of operating a vehicle. When an officer suspects intoxication, they’ll ask you to take one of these tests.
If you refuse after being read the implied consent warning, the court will order an immediate 365-day license suspension. This is known as a refusal suspension, and it begins right away.
Refusing the test might seem like a way to protect yourself, but in central Indiana it almost always makes things worse. Police can easily get a warrant for your blood, meaning the State will end up with both your test results and your refusal on record.
Even if you refused out of confusion or fear, you still have options, but you’ll need a lawyer to act quickly to fight for your right to drive.
If you took the test, your situation may look a little different. Some Hendricks County judges will wait to suspend your license until the State receives your toxicology report. Others may go ahead with the suspension based on the officer’s probable cause statement alone.
If the results confirm a blood alcohol concentration (BAC) of 0.08 or higher, or show the presence of another intoxicating substance, your license can be suspended until the case is resolved.
Even in that scenario, the right defense attorney can still keep you driving legally through specialized driving privileges.
Specialized Driving Privileges (SDPs), sometimes called hardship or conditional licenses, allow you to drive for essential purposes while your case is pending or your license is suspended.
With an SDP, you can usually drive to:
Most judges in Hendricks County will require an ignition interlock device to be installed in your vehicle as a condition of keeping your license active. While these devices add expense, they’re often the key to staying on the road legally.
The Marc Lopez Law Firm regularly works with local interlock providers to help clients find the best rates and meet all court requirements.
The timeline for saving your license after a DWI arrest is short. Once the State requests suspension, the judge can act immediately.
A skilled defense attorney can file a petition to stay the suspension, essentially asking the court to hold off while your attorney prepares and files your specialized driving privileges request.
Missing this window can mean a hard suspension, leaving you unable to drive for months. Acting fast is critical, and this is where having a knowledgeable Hendricks County criminal defense attorney makes all the difference.
If you refused to take a chemical test, you’re facing one of the toughest suspensions in Indiana. Under current law, a refusal triggers an automatic year-long suspension, and by law you can’t receive specialized driving privileges during that time.
In limited cases, your attorney may be able to request permission for an ignition interlock license instead. Not every judge allows this, but the Marc Lopez Law Firm has successfully petitioned for clients to continue driving with an interlock device when circumstances support it.
Refusal suspensions are a serious setback, but they’re not the end of the road. Having the right representation can mean the difference between being stuck at home and continuing to live your life while your case plays out.
From the moment you call, our team begins working to protect your driving privileges and build your defense. Here’s what we do for our DWI clients in Hendricks County:
Our attorneys know the expectations of the Hendricks County judges and prosecutors. We know the procedures unique to Hendricks County. We understand how local courts handle DWI and OVWI cases, and we know how to move quickly to protect your rights.
Can I drive to work after a DWI arrest?
Usually, yes so long as you have been granted specialized driving privileges. Your attorney must request them as soon as possible.
Do I need an ignition interlock device?
In Hendricks County, most judges will require one for any ongoing driving privileges during a DWI case.
What if my toxicology results aren’t back yet?
Some judges wait for results before suspending your license, while others don’t. Your lawyer can ask the court to delay the suspension until the results are returned.
Can I refuse the breath or blood test?
You can, but it’s not a good idea. A refusal leads to a mandatory one-year suspension and can hurt your case later.
Remember, time is not on your side. Indiana law moves fast when it comes to license suspensions, and every day counts.
A DWI charge in Hendricks County is serious, but it doesn’t have to derail your life. There are legal tools and strategies that can keep you driving and protect your future.
The most important step you can take right now is to contact an experienced criminal defense attorney who understands Indiana’s DWI laws and knows how Hendricks County courts operate.
The Marc Lopez Law Firm fights to protect people’s licenses, freedom, and futures every day. Whether you refused testing, failed a chemical test, or just walked out of jail unsure of what happens next, we can help.
Call 463-288-6270 today to schedule a free consultation. Get answers. Get help. Get back on the road with confidence.
And remember—always plead the 5th.