You’ve Been Arrested For DUI / OVWI. Now What?
Getting arrested for drunk driving is one of those moments that can stop your world cold. One minute you’re driving home, the next you’re sitting in a holding cell, clutching a piece of paper that says your license is suspended.
If this is your first DUI / OWI, you’re probably scared, frustrated, and confused. The process might feel unfair. And in many ways, it is. The system is stacked against you from the start, and most people don’t realize how quickly things can snowball.
At the Marc Lopez Law Firm, we help people through this every day. Here’s what happens after a first-time drunk driving arrest in Indiana and what you can do to protect yourself, your license, and your future.
1. The Initial Hearing
The first formal step after an arrest is the initial hearing. This is where the judge officially reads your charges out loud.
In the past, defendants always had to appear in person for this hearing. These days, most Indiana courts allow your attorney to waive the initial hearing, especially if it’s a misdemeanor case.
Only a handful of counties still require your attendance, and those are the exceptions. Some clients want to attend to show the judge they’re taking things seriously, but that can actually backfire. If your presence isn’t required and your attorney waives the hearing, showing up anyway can irritate the judge and make a bad first impression.
Bottom line: Trust your attorney’s guidance. If the court expects the hearing to be waived, let your lawyer handle it.
If your charge is a felony, for any number of reasons, you need to plan on attending your initial hearing unless your attorney specifically tells you otherwise.
Either way, that first hearing is crucial because it’s the first opportunity to address your driver’s license.
2. The Fight for Your Driver’s License
Here’s where most first-time offenders get blindsided.
Even though you haven’t been convicted of anything, Indiana law allows the court to suspend your license immediately if your chemical test shows a BAC of 0.08 or higher or any trace of a controlled substance. Some judges will even impose a suspension just for being arrested for DUI / OWI.
You might think, “That’s not fair.” You’re right. It isn’t fair. But it’s the law.
If you do nothing before that first hearing, your license will be suspended. It doesn’t matter if you need to drive for work, school, or to take care of your family. Unless you take proactive legal steps, you lose your driving privileges.
That’s why, at the Marc Lopez Law Firm, we act fast. Before your initial hearing, we’ll have you complete one or two specific tasks that show the judge you’re taking your situation seriously. These steps can make a huge difference when we ask for specialized driving privileges, SDP for short. SDP allows for limited permission to drive for life’s necessities.
Not every judge allows SDP. Some are strict, some are flexible, and some will only consider it if you’ve already shown initiative before your first hearing.
Lesson learned: The sooner you get an attorney involved, the better your chances of keeping the ability to drive.
3. Understanding Specialized Driving Privileges
If your license is suspended, you may qualify for specialized driving privileges (SDP), sometimes called a “hardship license.”
SDP allows you to drive for essential reasons such as:
- Work
- School
- Medical appointments
- Childcare responsibilities
The rules depend on the judge. Some will limit driving to and from work only. Others may allow grocery store trips, daycare drop-offs, or even gym visits. A few judges deny SDP entirely.
Every county handles this differently, which is why local experience matters. The attorneys at the Marc Lopez Law Firm know what each court and each judge expects and we help you prepare accordingly.
4. After the Initial Hearing
Once the initial hearing is behind you, the next step is discovery. Discovery is the process where the prosecutor provides your attorney with all the evidence in the case.
This includes:
- The police report
- Breath or blood test results
- Video footage (if available)
- Witness statements
There’s no strict deadline for prosecutors to turn over discovery, but it usually arrives within about 30 days of the arrest. Once we receive it, our firm shares it with you, reviews it carefully, and begins building your defense.
During this stage, we may also conduct our own investigation which includes interviewing witnesses, reviewing the legality of the stop, and identifying any issues with the testing procedures.
You’ll likely have one or two pretrial conferences, where your attorney discusses the case with the prosecutor and updates you on options.
5. Possible Outcomes: Trial or Plea
Every case moves toward a decision point: Do we go to trial or negotiate a plea?
A plea agreement can sometimes minimize penalties, shorten license suspensions, and help you move forward. But if the evidence against you is weak or the police made procedural mistakes, trial might be the best path.
You won’t have to make that decision alone. At the Marc Lopez Law Firm, we walk you through every option, explain every consequence, and help you make an informed choice based on the facts, not fear.
6. What Makes the First DUI / OWI So Difficult
For most people, a first drunk driving charge feels unreal. You’re a law-abiding person. You’ve never been in trouble before. Suddenly you’re being punished for something you haven’t even been convicted of.
That feeling of injustice is common and justified. The law doesn’t always feel fair, especially when it comes to license suspensions. But fair or not, these rules are strictly enforced.
That’s why timing is everything. The earlier you contact an attorney, the more options you have to protect your rights and preserve your license.
7. Common Misunderstandings After a DUI Arrest
Let’s clear up a few misconceptions that trip up first-time offenders:
- “If I blew under 0.08, I’m safe.”
Not necessarily. If the officer believes you were “impaired,” you can still be charged. - “My case is minor, so I can just go to court alone.”
Without an attorney, you risk losing your license automatically and missing chances for leniency. You also send a message to the judge and the prosecutor that you are not taking this case seriously. - “I can talk my way out of it.”
Don’t. Anything you say can be used against you. The safest response is always to plead the Fifth and call a lawyer. - “I’ll get my license back automatically after 90 days.”
There’s no guarantee. The timeline depends on the judge, your test results, and whether you took action early.
8. Why Hiring the Right Attorney Matters
When you’re facing criminal charges, especially a DUI or OWI, having the right defense team can change everything.
At the Marc Lopez Law Firm, every client gets:
- A partner-level attorney assigned to their case
- A paralegal for day-to-day updates and support
- Direct communication with Attorney Marc Lopez himself
You’ll never be left wondering what’s happening or what comes next. Our goal is to make sure you’re informed, prepared, and protected at every stage.
We don’t sugarcoat things. But we do explain them clearly and honestly. The truth is that Indiana DUI law can be harsh, but with the right representation, there’s almost always a way to improve your situation.
9. Step-by-Step Recap of the Process
If you’ve just been arrested for DUI / OVWI in Indiana, here’s what to expect:
- Release from jail and receipt of your temporary license form.
- Initial hearing (often waived by your attorney).
- License suspension review and potential motion for specialized driving privileges.
- Discovery and evidence review.
- Pretrial conferences to discuss your options.
- Decision point: trial or plea.
- Resolution and the start of getting your life back on track.
Throughout this entire process, your attorney’s guidance makes a world of difference. The sooner you act, the better your chances of minimizing the fallout.
10. Moving Forward After a DUI / OWI Arrest
A first-time drunk driving charge doesn’t have to define you. Mistakes happen. What matters is how you respond.
Taking your situation seriously, following your attorney’s advice, and completing proactive steps before your hearing can make all the difference in how the court sees you.
Remember: Early action equals better outcomes.
The judges notice effort. Completing an alcohol assessment, scheduling classes, or enrolling in treatment early can demonstrate genuine accountability. And that matters.
11. The Marc Lopez Law Firm Difference
We understand how personal and overwhelming a first DUI / OWI case can be. You’re not just another file number, you’re a person whose livelihood, reputation, and independence are on the line.
Our firm handles DUI defense every single day. We know the prosecutors. We know the judges. And we know how to navigate the system to get the best possible result.
When you hire the Marc Lopez Law Firm, you’re not facing this alone. You’re hiring a team that’s been in the courtroom thousands of times defending people in your exact situation and winning results that protect their future.
Make the Right Call
If you’ve been arrested for DUI, OWI, or drunk driving in Indiana, don’t wait. Every day you delay, opportunities disappear.
Call the Marc Lopez Law Firm today at 463-288-6270.
Let us fight for your license, your record, and your peace of mind.
And remember always plead the 5th.
