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After an Indiana DUI arrest, you may be released from jail and given a date for your initial hearing. At that hearing, the judge addresses your charges, rights, possible penalties, and often your driver’s license. What happens next depends on your charges, criminal history, and whether you refused a chemical test.
In Indiana the official term is “Operating a Vehicle While Intoxicated” or OVWI, but DUI is the more common term of art. In Indiana, unlike some other states, an OVWI and DUI are the same thing.
Usually, a person charged with a first-time OVWI will be released from jail before their first court hearing.
In many Indiana counties, you’ll be released after you sober up. You may be released on your own recognizance, commonly called an “OR release.” That basically means you’re released based on your promise to return to court.
Before you walk out, pay attention to the paperwork you receive. It will usually include a date for your first appearance before a judge.
That date matters.
Some people may be held until they see a judge. This can depend on the county, criminal history, and whether the person was already on probation or parole.
If you are held without bail, the first court appearance will usually happen much sooner. It may occur within a day or two, depending on when the arrest happened.
Your first court date is generally called an initial hearing in Indiana.
You may have heard the word “arraignment” on television. Different terminology aside, this is your first appearance before the judge after being formally charged.
The judge will generally address:
This is not the time to walk into court and start arguing about whether the officer was wrong.
The initial hearing is primarily procedural. Think of it as the starting line, not the trial.
A first-time Indiana DUI may be charged as a Class A misdemeanor, depending on the alleged offense.
A Class A misdemeanor carries a maximum penalty of 365 days in jail and a fine of up to $5,000.
Those are maximum penalties. Being charged does not mean you will automatically receive the maximum sentence.
It also does not mean you have been convicted. The State still has to prove its case.
Yes. Your driving privileges can become an immediate issue after an Indiana DUI arrest.
If the judge finds probable cause that you operated a vehicle while intoxicated, the State can seek a suspension of your driving privileges.
For most people, this is one of the biggest practical problems created by a DUI case.
You still have to get to work. You may have children to transport. You may have medical appointments, classes, or other responsibilities. Life does not conveniently stop because a criminal case started.
This is one reason having an attorney involved before the initial hearing can matter. An attorney may be able to address the suspension while evaluating options for keeping you legally on the road.
Indiana commonly refers to restricted driving relief as specialized driving privileges.
Indiana’s implied consent law means that operating a vehicle comes with an agreement to submit to qualifying chemical testing when the legal requirements are satisfied.
A police officer who has probable cause may offer a chemical test. Depending on the circumstances, that could involve:
This is separate from the criminal charge itself. A chemical-test refusal can create serious driver’s-license consequences of its own.
A chemical-test refusal can trigger a lengthy suspension of your Indiana driving privileges.
A first refusal can result in a one-year suspension. A subsequent refusal can result in a two-year suspension.
The especially painful part is that a refusal suspension can severely limit your options for driving while the case is pending.
People sometimes assume refusing the test makes the DUI problem disappear. It does not. Instead, you may find yourself dealing with the criminal case and an additional license problem at the same time.
That is a pretty bad two-for-one deal.
An attorney should evaluate the refusal, the suspension, and any available options as early as possible.
Not necessarily.
In many Indiana misdemeanor cases, an attorney may be able to waive the initial hearing on the defendant’s behalf.
If that is available in your case, it can mean:
Waiving the hearing does not make the criminal charge disappear. It also does not prevent the State from addressing your driving privileges.
It simply means you may not personally have to appear for that procedural hearing.
Whether a waiver is available depends on your particular case and court.
The case will normally be scheduled for additional court dates after the initial hearing.
One of those dates may be a pretrial conference.
During the pretrial stage, your attorney can obtain and review discovery from the State. Discovery may contain evidence the prosecution intends to use in the case.
The defense can examine what actually happened instead of relying solely on what was written on your charging paperwork.
The case then moves forward based on the evidence, legal issues, negotiations, and defense strategy.
In other words, the initial hearing is only the beginning.
Getting an attorney involved before the initial hearing can give the defense an opportunity to address important issues early.
Your attorney can evaluate matters involving your court appearance, driving privileges, chemical testing, discovery, and the criminal charge itself.
That early timing can be particularly important if your ability to drive is on the line.
A DUI arrest can feel like everything is happening at once. Jail. Paperwork. Court dates. License problems. Maybe a chemical-test refusal on top of everything else.
The important thing is not to confuse being charged with being convicted.
If you have been charged with a DUI in Indiana, contact the Marc Lopez Law Firm at 463-946-0521 to speak with a lawyer today.
And remember—always plead the 5th.