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People ask this all the time: What actually happens with a first-time DUI? And the answer is… it depends. There’s no one-size-fits-all outcome, and if you’ve been arrested for DUI in Indiana, the road ahead can feel like a minefield. The good news? We’ve been down this road more times than we can count, and we know how to guide you through it.
Here’s what you can expect when you’re facing a first-time DUI in the Hoosier State.
One of the first things that happens after a DUI arrest in Indiana is the automatic suspension of your driver’s license. And we’re not talking about a judge weighing your circumstances and deciding to take away your keys. We’re talking about a mandatory license suspension triggered by the law itself.
If you submitted to a chemical test—either breath or blood—and it came back at 0.08 or higher, the prosecutor is legally required to ask for the suspension of your license. The judge has no discretion here. It doesn’t matter if you were polite. It doesn’t matter if you were just barely over the legal limit. If the test result hits that 0.08 threshold, the license goes. Period.
Sometimes this suspension happens at the initial hearing, and sometimes—depending on the county—it happens even sooner. Either way, it’s fast, it’s harsh, and it can catch people off guard.
If you have an attorney on board early, they can file a motion for specialized driving privileges. This is a legal mechanism that pauses the suspension for 10 days and gives you a chance to work something out with the prosecutor. If you’re eligible—and most people are—this could mean you’re still allowed to drive for essential things like work, school, childcare, or medical appointments.
Specialized driving privileges aren’t a given. You have to ask for them, and you have to show the court that you’re taking this seriously. But they can make a huge difference while your case is pending.
Once the dust settles from the initial license suspension, it’s time to focus on the bigger picture: the criminal case itself.
This is where things start to vary dramatically. Indiana has 92 counties, and all of them handle DUI cases a little differently. Some counties take a hard line and insist on jail time for first-time offenders. Others are more open to alternatives like probation, community service, or alcohol education classes. In some places, if you cooperate and show you’re taking steps to make things right, you might walk away without ever seeing the inside of a jail cell. In others, that same set of facts could earn you a few nights in custody.
DUIs in Indiana come in a variety of legal flavors. Here’s a quick overview of how they’re classified:
Most first-time DUIs fall into the misdemeanor category, but that doesn’t mean you’re in the clear. Even misdemeanor convictions can come with long-term consequences.
Here’s something that surprises a lot of people: Even if you handle everything perfectly, a first-time DUI often comes with two separate license suspensions.
The first suspension happens at the beginning of the case—right after the arrest and chemical test. Then, if you end up with a conviction, the court hits you with a second suspension at sentencing.
This means your license gets suspended before your case is even resolved—and again after it’s over. Yes, it’s frustrating. Yes, it’s excessive. But that’s how Indiana law is currently written.
Things get even more complicated if you refused the chemical test.
Refusal can mean you declined to blow into the breathalyzer, or you refused to consent to a blood draw. But it doesn’t have to be that dramatic. Even hesitating or being unclear can be interpreted as a refusal. The bar is low, and the consequences are steep.
Refusing a chemical test results in an automatic one-year license suspension, and in many counties there is no legal way to get you driving. No work. No school. No errands. Nothing.
This is a huge incentive for people to rush their case to resolution—sometimes too quickly—just to get back on the road. But don’t let the pressure force you into a bad plea deal. Talk to a lawyer first. Always.
A first-time DUI can go from bad to worse when certain facts are involved. We’re talking about:
When any of these aggravating factors are present, the chance of jail time increases significantly. Even in a county that’s usually lenient, these facts can change the entire equation.
If you’ve been charged with a first-time DUI, the best thing you can do is get a lawyer involved immediately. At the Marc Lopez Law Firm, we’ve been handling DUI cases since we opened our doors in 2009. We’ve got former DUI prosecutors on staff—attorneys who used to be the ones filing these charges—and now we use that experience to help our clients.
The earlier we get involved, the more options you have. We can start gathering evidence, reviewing police reports, and working on your defense before your first court date. That can make a big impression on a judge or prosecutor, especially if we can show you’re proactive and serious about making things right.
We’re not in the business of fear-mongering, but we are in the business of reality checks. Even if it’s your first offense, a DUI can come with:
And if your job involves driving—or if you hold a commercial driver’s license (CDL)—a DUI can threaten your livelihood.
When people call the Marc Lopez Law Firm, they’re often anxious, confused, and worried about the future. Our goal is to make things clearer, calmer, and more manageable. We’ve handled thousands of DUIs. We know what works, what to expect from different counties, and how to build the best possible defense for your unique situation.
Give us a call at 463-842-1724, and remember—always plead the Fifth!