A first-time DUI arrest in Indiana can be a confusing and stressful experience, with serious legal and personal consequences. Understanding what to expect can help you navigate the process more effectively and prepare for the road ahead.
Immediate License Suspension
When you are arrested for a DUI in Indiana, one of the first actions taken is the suspension of your driver’s license. This is mandated by law if you have a blood alcohol content (BAC) of 0.08 or higher. The judge at your initial hearing has no discretion in this matter, and the prosecutor is required to request the suspension. This immediate effect can be quite disruptive, impacting your ability to carry out daily activities and fulfill life’s necessities.
Specialized Driving Privileges
If you have legal representation, your attorney can file a motion for specialized driving privileges. This motion can pause the suspension for 10 days, giving you a window to negotiate with the prosecutor. Specialized driving privileges allow you to drive for essential activities, such as work, school, or medical appointments, while your case is pending.
Court Appearances and Penalties
After the initial hearing, you will need to attend court to fight the DUI charge. The severity of the penalties can vary significantly across Indiana’s 92 counties, and even within the same county, different judges may handle cases differently. Penalties for a first-time DUI can range widely depending on the circumstances and the judge’s discretion:
– Class C Misdemeanor: Maximum of 60 days in jail.
– Class A Misdemeanor: Maximum of 365 days in jail.
– Level 6 Felony: Maximum of two and a half years in prison.
– Level 5 Felony: Maximum of six years in prison.
While most first-time offenders do not end up serving jail time, they can expect various conditions, such as probation, community service, alcohol education programs, and fines.
Refusal to Submit to Chemical Testing
If you refuse to submit to a chemical test (breath, blood, or urine), this refusal triggers a one-year license suspension, and in many counties, you may not be allowed to drive while your case is pending. This creates a strong incentive to resolve your case quickly.
Aggravating Factors
Certain aggravating factors can lead to harsher penalties, even for a first-time DUI:
– Having a child under 18 in the car
– Being involved in an accident
– Having a BAC of 0.15 or higher
– Driving at excessive speeds
– Causing injury to another person
These factors can increase the likelihood of jail time and additional penalties.
The Importance of Early Legal Intervention
Engaging a knowledgeable DUI attorney as soon as possible can be immensely beneficial. Experienced attorneys, particularly those who have previously worked as prosecutors, understand what the judges and prosecutors are looking for. They can start working on your case before your first court date, which can significantly influence the outcome. Demonstrating to the court that you are taking responsibility and are not a repeat offender can be crucial.
Make The Right Call
Navigating a first-time DUI can be overwhelming, but with the right legal guidance, you can mitigate the impact on your life and move forward with confidence. At the Marc Lopez Law Firm, we have extensive experience handling DUI cases. Our team includes former prosecutors who know the intricacies of DUI law from both sides. If you are facing a DUI charge, don’t wait to get help. Contact us today at 463-283-7387, and remember—always plead the Fifth!
