As a first-time offender of Operating a Vehicle While Intoxicated (OVWI) in Indiana, you may feel overwhelmed and concerned about potential jail time. At the Marc Lopez Law Firm, we frequently receive calls from individuals in your position who have just been released from jail and are anxious to ensure they don’t return. Understanding the nuances of sentencing for a first-time OVWI offense can help alleviate some of this anxiety.
Jail Time for First-Time OVWI Offenders
A first-time OVWI offense in Indiana can indeed result in jail time, but the extent of the sentence depends on several factors, including the county where the offense occurred and the specific circumstances of the case.
1. C Misdemeanor OVWI: For the lowest level offense, a C misdemeanor OVWI (where there is no charge of endangerment and the Blood Alcohol Concentration (BAC) is above 0.15), the potential jail time can be up to 60 days.
2. A Misdemeanor OVWI: If the charge is elevated to an A misdemeanor, which can happen under various circumstances such as a lower BAC but with endangerment, the potential jail time increases to up to one year.
3. Level 6 Felony OVWI: In more severe cases, such as those involving minors in the vehicle, the charge can be elevated to a Level 6 felony, with potential jail time up to two and a half years. If the OVWI results in serious injury or death, the penalties can be even more severe, regardless of it being a first-time offense.
County-Specific Variations
Indiana’s counties vary significantly in how they handle OVWI cases. Some counties have stringent policies that might include mandatory weekends in jail even for first-time offenders. In these counties, the judges have specific expectations and may not accept a plea deal that doesn’t include some jail time.
Other counties might be more lenient, especially if the OVWI did not involve an accident or injury. In such jurisdictions, probation without jail time is a realistic possibility. At the Marc Lopez Law Firm, we strive to understand the specific practices of each county to better advocate for our clients and minimize or eliminate jail time.
Mitigating Jail Time
While we cannot guarantee outcomes, our priority is to reduce the risk of jail time for our clients. By beginning the mitigation process early, we can work towards demonstrating to the prosecutor and the court that you are taking your case seriously. This might involve completing alcohol education programs, community service, or other proactive measures.
The earlier you contact us, the more effectively we can work on your behalf. Our goal is to ensure that this case has as little impact on your life as possible, aligning with your priority to avoid jail time.
Make the Right Call
Navigating the complexities of a first-time OVWI charge in Indiana can be daunting, but you don’t have to face it alone. By understanding the potential penalties and the factors that influence sentencing, you can better prepare for what lies ahead. The Marc Lopez Law Firm is committed to doing everything in our power to keep you out of jail and minimize the impact on your life. Call us today at 463-282-3514 and remember—always plead the fifth!
