If you’ve been arrested for an Operating a Vehicle While Intoxicated (OVWI) charge, you’re likely feeling overwhelmed and uncertain about what comes next. At the Marc Lopez Law Firm, we understand the anxiety and confusion that follow an arrest, and we’re here to guide you through the process with clarity and experience.
Understanding the Arrest
The initial phase of an OVWI case starts with the arrest. This usually occurs if the police have probable cause to believe you were operating a vehicle while intoxicated. 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 arrested, you may have been subjected to a breath test or a blood draw. The results of these tests are crucial as they provide the state with evidence of your intoxication levels. Depending on the type of test administered, the timeline for filing charges can vary:
– Breath Test: Results are immediate, allowing the state to file charges quickly.
– Blood Draw: If a blood sample was taken, the state might wait for lab results before proceeding. This process can take longer, sometimes delaying charges for weeks or even months.
Post-Arrest Process
Once charges are filed, you will have an initial hearing. This is a critical juncture where the court will inform you of the charges against you and the potential penalties. In Indiana, the penalties for OVWI vary based on the severity of the charge:
– Class C Misdemeanor: Up to 60 days in jail.
– Class A Misdemeanor: Up to one year in jail.
– Level 6 Felony: Up to two and a half years in jail if there’s a prior conviction within seven years or if a child was in the car during the incident.
At the initial hearing, the court will also outline your rights and the procedural steps moving forward. If you engage our firm early enough, we might be able to waive this initial hearing, sparing you a trip to court.
Pretrial Conferences and Evidence Gathering
Following the initial hearing, the case enters a series of pretrial 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, we will:
– Communicate with the Prosecutor: We’ll negotiate and discuss the evidence, including any pending results like blood tests or video footage from body or dash cams.
– Update the Court: 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 schedule.
Decision Points: Trial or Plea Deal
Eventually, the court will require a decision on how to proceed—either to trial or a change of plea. This decision is entirely up to you. Our role is to:
– Present Options: We ensure 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: Simultaneously, we prepare your case for trial, outlining potential defenses and giving you a realistic expectation of what a trial might entail.
We’ll provide insight into typical courtroom dynamics, including how the judge and prosecutors usually handle similar cases. This information is vital for making an informed decision about your best course of action.
How Long Will This Take?
One of the most common questions is about the timeline. Unfortunately, there’s no one-size-fits-all answer. The length of your case will depend on:
– Criminal History: Prior offenses can complicate and lengthen the process.
– Evidence Collection: Waiting for test results or obtaining video evidence can cause delays.
– Court Schedules: Different counties and courts have varying procedures and caseloads, impacting how quickly cases are resolved.
Make The Right Call
Facing an OVWI 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 your OVWI charge or need detailed advice tailored to your case, don’t hesitate to contact us at 463-363-0588, and remember—always plead the Fifth!
