Being charged with Operating a Vehicle While Intoxicated (DUI / OVWI) in Hamilton County, Indiana, is a serious matter that requires immediate attention and careful navigation of the legal process. At the Marc Lopez Law Firm, we understand how overwhelming this experience can be. This guide is designed to demystify what happens after an DUI / OVWI arrest, outline your options, and explain how we can help defend your rights every step of the way.
What Happens During and After an DUI / OVWI Arrest?
Typically, an DUI / OVWI arrest begins with law enforcement suspecting intoxicated driving. Here’s what you can expect:
- The Arrest Process:
- Chemical Testing: Most arrests involve a trip to a hospital for a blood draw or directly to a facility for a breath test. These tests determine blood alcohol content (BAC) or the presence of controlled substances.
- Booking: After testing, you will likely be taken to the local jail for processing and booking.
- Release After Arrest:
- Pretrial Release or Cash Bond: In most cases, you will be released after going through the pretrial release process or posting a cash bond. The release allows you to prepare for your upcoming legal proceedings with your attorney.
- The Initial Hearing:
This hearing typically happens a few days after your arrest. The court will:
- Formally present the charges against you.
- Outline potential penalties.
- Discuss your driving privileges, which could include a potential license suspension.
License Suspension: What You Need to Know
One of the most immediate concerns for those arrested for DUI / OVWI is the status of their driver’s license. At the initial hearing, the court may suspend your license for the following reasons:
- Refusing a Chemical Test: Indiana’s implied consent law means refusing to take a chemical test will almost certainly result in suspension.
- Failing a Chemical Test: A BAC of 0.08 or higher or other test results indicating intoxication often leads to suspension.
What If Results Aren’t Available Yet?
If a blood draw was performed and the results are pending, the court typically waits to suspend your license until the results are available.
Specialized Driving Privileges
If your license is suspended, you may be eligible for specialized driving privileges. This option can allow limited driving for work, school, or medical appointments. Our team at the Marc Lopez Law Firm can help you petition the court to secure these privileges.
- Requesting a Stay: If your chemical test results are available at the initial hearing and indicate intoxication, we can request a stay of the suspension. This filing provides a 10-day window to apply for specialized driving privileges.
- Refusal Cases: Specialized driving privileges may not be granted if you refused a chemical test, but we will work tirelessly to negotiate with the prosecutor for alternative solutions.
The Road Ahead: Pretrial Conferences
Following the initial hearing, your case will progress through several pretrial conferences. These meetings serve as check-ins with the court to:
- Discuss the status of the case with the prosecutor.
- Identify and request any outstanding evidence.
- Explore plea options.
At the Marc Lopez Law Firm, we handle the first pretrial conference on your behalf. Unless otherwise instructed, you won’t need to attend. For subsequent conferences, we’ll keep you informed about what’s required and the progress of your case.
Plea Negotiations vs. Trial
When defending against an DUI / OVWI charge, there are two primary paths: negotiating a plea or proceeding to trial.
- Plea Negotiations: Even if you’re not interested in a plea, we’ll work to secure the most favorable terms possible. This ensures you have all available options before deciding.
- Preparing for Trial: We prepare every case as though it will go to trial, ensuring a robust defense strategy that leaves no stone unturned.
You’re in Control: While we provide experienced guidance, the decision to accept a plea or proceed to trial ultimately rests with you.
Potential Penalties for DUI / OVWI in Indiana
The consequences of an DUI / OVWI conviction vary depending on the specifics of your case, including your BAC, whether it’s a first offense, and if any aggravating factors are present (e.g., minors in the vehicle or prior convictions).
- First Offense: Typically charged as a Class C misdemeanor, punishable by up to 60 days in jail and fines up to $500.
- Higher BAC or Aggravating Factors: Charges can escalate to a Class A misdemeanor or felony, carrying more severe penalties, including extended jail time and higher fines.
Why Choose the Marc Lopez Law Firm?
Each DUI / OVWI case is unique, and cookie-cutter defense strategies won’t cut it. Here’s why our clients trust us:
- Experienced Knowledge: With a deep understanding of Indiana’s DUI / OVWI laws and court systems, particularly in Hamilton County, we craft personalized defense strategies tailored to your case.
- Communication: We keep you informed at every stage, ensuring you understand the process and your options.
- Aggressive Advocacy: From challenging evidence to negotiating with prosecutors, we fight tirelessly to protect your rights and secure the best possible outcome.
Protect Your Future
An DUI / OVWI charge is a serious matter that can impact your career, finances, and freedom. Don’t navigate this alone. The Marc Lopez Law Firm is here to guide you through the complexities of the legal system, advocate on your behalf, and help you move forward with confidence.
If you’ve been charged with DUI / OVWI in Hamilton County, contact us today at 463-283-7387, and remember—always plead the Fifth!