If you have been arrested for DUI / OVWI you probably have tons of questions. I am here to help. Please check out some of the most common questions I answer when people call me for help with a DUI / OVWI.
Unless extraordinary circumstances exist, your license will be suspended at the initial hearing. This is not fair as you have not been convicted of a crime, but that is how Indiana Law operates.
Q. I need to drive to support my family – what can I do?
In many circumstances, Specialized Driving Privileges exist. This will allow you to drive, at a minimum, to and from work. A judge has complete discretion whether or not to allow Specialized Driving Privileges.
Q. What is the difference between DUI, OVWI and DWI?
There is no difference. Indiana calls drunk driving “Operating a Vehicle While Intoxicated” (OVWI). The most common term across the United States is DUI (which stands for “Driving Under the Influence”). Some people also call drunk driving DWI (which stands for “Driving While Intoxicated”). Indiana’s OVWI statute is broader than DUI and DWI. All three terms are used interchangeably.
Maybe. Indiana is an employment at will state, so being arrested for a DUI is not good. Additionally, doctors, lawyers, nurses, teachers, truck drivers or anyone with a professional license are at an increased risk of facing serious career consequences.
No matter what you do for a living, there are certain things that can be done now that will help. And if you have a professional license, there are certain things you must do now.
Q. How do I choose the right attorney for my case?
Just because a person is an attorney does not mean they are qualified to handle your DUI / OVWI case. Simply “practicing” criminal defense does not mean an attorney is qualified to handle your DUI / OVWI case. DUI/ OVWI cases are extremely technical, involving not only the facts and the law, but also science. Please be sure that the attorney who represents you does not do a few DUI / OVWIs on the side. Have them show you their credentials. Have them show you the DUI / OVWI specific training they have completed.
Attorney Marc Lopez is a former DUI/ OVWI Prosecutor who has attended hundreds of hours on DUI / OVWI training. Attorney Lopez has completed all of the National College of DUI Defense’s Science-based curriculum. And he has won cases using what he has learned to educate the jury on the science behind DUI / OVWI.
Based on your conversation with Attorney Marc Lopez, a list will be created that is customized to you. Some of the things you can do to help your case are obvious. Some are not so obvious. But everything on that list will help.
Maybe. Jail time, even for first offenders, is a possibility depending on the county and depending on the judge. If the DUI / OVWI is a felony, Prosecutors often fight for jail. No matter what your criminal history having a qualified attorney to fight for you will help decrease the chance of you going to jail. And there are things you can do now to lessen the chance of a Prosecutor is successful in obtaining jail time.
Every case can be fought. There are enough moving parts in any DUI / OVWI case where a challenge can be found. Sometimes the goal is fighting the case to win. Sometimes the goal is fighting the case to avoid jail. Sometimes the goal is to get a better plea. Having a qualified DUI / OVWI attorney to fight on your behalf will be one of the smartest decisions you can make in this situation.
