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When someone calls our office after an OVWI arrest, the first worry we hear is simple. They want to know if they can keep driving. In Hamilton County and throughout Indiana, a license suspension often happens quickly. The court receives the chemical test results or the refusal notice, and the clock starts ticking before many people understand what is happening.
Your license matters for your job, your family, and your daily life. That is why protecting it is one of the first things our firm focuses on. The best strategy depends on the exact type of OVWI case you have. Understanding these differences can make a huge impact on what we can achieve.
If this is your first misdemeanor OVWI and you submitted to a chemical test, we move fast. Indiana law allows the court to suspend your license while the criminal case is pending. Once that suspension hits, it can take time to get back in front of a judge.
To avoid that, we file a request to stay the suspension as soon as possible. This gives you ten days to file for specialized driving privileges. We usually file that petition immediately. Keeping you driving is too important to leave to chance.
Specialized driving privileges can allow you to travel for work, school, medical appointments, child care, and other critical responsibilities. Judges have discretion in granting them, but getting our request in early places you in a much better position.
Refusal cases are far more serious. Indiana’s implied consent law requires drivers to submit to a chemical test when an officer has probable cause for OVWI. When an officer reads the implied consent advisement and you say anything other than “yes,” you risk a refusal suspension.
Even saying “I want to talk to my family” or “I want to speak to a lawyer” is treated as a refusal under Indiana Code 9-30-6-2. A refusal is an automatic one year license suspension. Specialized driving privileges are not available after a refusal.
That does not mean you are out of options. We can work to negotiate the refusal off the case entirely. Removing the refusal can bring specialized driving privileges back into play.
Driving is essential. We do not give up on finding solutions.
Even in cases where specialized driving privileges are allowed, approval is not guaranteed. Judges consider several factors:
Any one of these issues can make your request more difficult. Our job is to present a strong application, supported with a clear plan that shows the court you understand the seriousness of the situation and that you are committed to full compliance.
When a judge sees preparation and structure, you have a better chance.
After thousands of OVWI consultations, we hear the same concerns again and again:
Every legal strategy we create focuses on those three goals. When we review your case, we examine the chemical test, the traffic stop, your prior record, the allegations, and the potential consequences. Then we build a plan that protects your license while also protecting your future.
Timing matters. Once a suspension is entered, the case becomes more complicated. Getting back in front of the judge takes time, and during that delay, you may be stuck without the ability to drive.
This is why contacting an OVWI attorney right away is essential. The sooner we can file a stay of the suspension, the better the chance of keeping you on the road.
If you wait, you risk losing the opportunity to prevent the initial suspension. If you call immediately, we can move to protect your license before the damage is done.
If you are facing an OVWI in Hamilton County or anywhere in Indiana, do not wait and hope the situation improves on its own. Your license, your job, and your future are on the line. Call the Marc Lopez Law Firm at 463-238-4579 for a consultation and a plan to keep you driving while we defend your case.
And always remember to plead the Fifth.