First-Time DUI in Boone County: What to Expect and What’s at Stake

Small county, big consequences for a first OVWI charge

Getting charged with an OWI or DUI for the first time can be shocking, especially if you’ve never been in trouble with the law before. Many people assume that a first offense means a slap on the wrist. In Boone County, that assumption can lead to bad decisions.

Even a first-time OVWI carries real consequences under Indiana law. Understanding how these cases work, what the State must prove, and what penalties you may face is the first step toward protecting yourself.

What Is an OVWI in Indiana?

In Indiana, DUI is commonly used, but the formal charge is Operating a Vehicle While Intoxicated (OVWI). An OVWI does not require alcohol alone.

You can be charged with drunk driving if impairment is caused by:

• Alcohol
• Illegal drugs
• Prescription medications
• A combination of substances

Many first-time offenders are surprised to learn that legal prescription drugs can still lead to an OVWI if they impair your ability to drive safely.

Is 0.08 the Only Standard? No.

Most people know the 0.08 BAC limit, but that number does not tell the whole story.

• A BAC of 0.08 or higher creates a presumption of intoxication.
• A BAC of 0.15 or higher increases the charge to a Class A misdemeanor.
• Even below 0.08, you can still be charged with OVWI if the State believes you were impaired.

Indiana law does not require prosecutors to prove a specific BAC number to move forward with an OVWI case. Observations, field sobriety tests, and other evidence can be enough.

This is one of the most misunderstood aspects of first-time DUI cases.

Why the Facts Matter More Than You Think

Not all first-offense DUIs are treated the same. Law enforcement response, charging decisions, and penalties often depend on how impaired you appeared to be.

A driver who registers a 0.09 may be treated very differently than someone testing at 0.30. The level of impairment affects:

• Whether jail is sought
• Length of probation
• Alcohol treatment requirements
• Home detention or monitoring

In extreme cases, high BAC levels can change how aggressively prosecutors pursue punishment, even for first-time offenders.

Will You Go to Jail for a First DUI in Boone County?

For many first-time OVWI cases, significant jail time is unlikely, but nothing is guaranteed.

In Boone County:

• You will almost certainly be arrested
• Time spent in jail immediately after arrest may be the only jail time imposed
• Courts often focus on probation, treatment, and monitoring rather than extended incarceration

That said, a first offense is not a free pass.

You may still face:

• Probation
• Alcohol or substance abuse treatment
• Home detention
• Drivers License suspension
• Fines and court costs

The goal is often accountability rather than punishment, but only if the case is handled correctly from the beginning.

Why Hiring a Criminal Defense Attorney Matters for a First Offense

Sometimes people think they don’t need a criminal defense attorney for a first DUI. That mistake can follow you for years.

A criminal defense attorney can:

• Examine whether the stop and arrest were lawful
• Challenge testing procedures and observations
• Work to minimize penalties and probation conditions
• Protect your record and future opportunities
• Help you avoid unnecessary jail time

How your first OVWI is handled matters even more if anything goes wrong later. Prior convictions can turn future charges into felonies.

Boone County Experience Makes a Difference

Boone County may be smaller, but the consequences of a DUI conviction are not. Knowing how local courts handle first-time OWI cases matters.

The Marc Lopez Law Firm regularly handles OVWI and DUI cases in Boone County. We understand how these cases are charged, negotiated, and resolved, and how to position first-time offenders for the best possible outcome.

Take Action Before Small Problems Become Big Ones

If this is your first DUI or OVWI charge, you still have options, but timing matters. Early decisions can shape the entire case.

If you’re facing a drunk driving charge in Boone County, talk to a criminal defense attorney who deals with these cases every day.

Call the Marc Lopez Law Firm at 463-238-4579 to schedule a consultation.
And remember, always plead the Fifth.