If you’ve been arrested for DUI in Indiana, you’re likely feeling overwhelmed and uncertain about what comes next. At the Marc Lopez Law Firm, our staff of Indiana DUI lawyers understand the anxiety and confusion that follow an arrest. We’re here to guide you through the process with clarity and experience.
Understanding the Arrest
The initial phase of a DUI case starts with the arrest. This usually occurs if the police have probable cause to believe you were legally intoxicated while operating a vehicle.
Whether this happens at the scene of a crash or through a traffic stop, the critical point is that the officers have enough evidence to justify taking you into custody.
Once you’re arrested, you will almost certainly be asked to submit to a certified chemical test. The results of this test are crucial as they provide the state with evidence of your intoxication levels. The State’s prosecutorial timeline is going to depend on the type of test that’s administered.
With a breath test, the results are immediate, allowing the State to file charges quickly. With a blood draw, however, the State will sometimes wait until the results are processed before proceeding, and this can delay the filing of charges for weeks (sometimes even months).
Post-Arrest Process
Once charges are filed, the court will schedule an initial hearing. This is a formal hearing where the judge will inform you of the charges against you and the potential penalties. In Indiana, the penalties for OVWI vary depending on the severity of the charge:
- A Class C misdemeanor carries a maximum penalty of 60 days in jail and a $500 fine.
- A Class A misdemeanor carries a maximum penalty of 365 days in jail and a $5,000 fine.
- A Level 6 felony carries a maximum penalty of two and a half years in prison and a $10,000 fine.
At the initial hearing, the judge will also outline your rights and the procedural steps going forward. An experienced Indiana DUI lawyer—if you hire them soon enough—can help you try to get this hearing waived.
Pre-Trial Conferences and Evidence Gathering
Following the initial hearing, the case enters a series of pre-trial conferences. These meetings are crucial for both the defense and the prosecution to discuss the case’s status, exchange evidence, and negotiate possible plea deals.
During these conferences, your Indiana DUI lawyer will:
- Communicate with the Prosecutor: This involves negotiating and discussing the evidence, including any pending results like blood tests or video footage from body or dash cams.
- Update the Court: Your attorney is obligated to inform the court about the case’s progress and any outstanding evidence or discovery issues.
The duration of your case largely depends on several factors, including the complexity of the evidence, your criminal history, and the court’s calendar.
Decision Points: Trial or Plea Deal
Eventually, you’re going to have to choose one of two paths—either change your plea or go to trial. This decision is entirely up to you. The role of your Indiana DUI lawyer is to:
- Present options: Your attorney should ensure that you have a plea offer to consider. This doesn’t mean you have to accept it, but it provides a clear, predictable outcome for the case.
- Prepare for trial: Not everyone wants to plead guilty, so your defense team also needs to prepare for trial, outlining potential defenses and giving you a realistic expectation of what a prolonged fight might entail.
An experienced Indiana DUI lawyer can provide insight into typical courtroom dynamics, including how the judge and prosecutors usually handle similar cases. Information like this is vital for making an informed decision about your best course of action.
How Long Will This Take?
One of the most common questions that DUI defendants have is about the expected timeline. Unfortunately, there’s no good way to predict this. The length of your case will depend on:
- Criminal history: Prior offenses can complicate and lengthen the process.
- Evidence collection: The case can’t move forward if you’re still waiting on test results or video surveillance footage.
- The court’s schedule: Different counties and courts have varying procedures and caseloads, and there’s no way for your Indiana DUI lawyer to control the court’s calendar.
Make the Right Call
Facing a DUI charge is undoubtedly stressful, but understanding the process can help mitigate some of the anxiety. At the Marc Lopez Law Firm, we’re committed to guiding you through every step, ensuring you understand your rights and options.
If you have any questions about DUI charges or potential consequences, don’t hesitate to reach out. Give us a call at 463-363-0588 and remember—always plead the 5th!
