#image_title
A first-time DUI arrest in Indiana can be a confusing and stressful experience, with serious legal and personal consequences. Speaking to an experienced Indiana DUI lawyer can help you understand what’s coming and how to approach it.
When you’re charged with DUI in Indiana, one of the first things you need to worry about (once you’re out of jail, of course) is the suspension of your driver’s license. It’s standard procedure for the BMV to suspend you before you’ve been convicted, so it’s not a question of if the suspension is coming—it’s a question of when.
Some judges want to suspend you on the date of the initial hearing, even if the chemical test results are still being processed. In rare cases, the judge will order you suspended before the date of the initial hearing.
Technically, it’s not supposed to work this way, but that doesn’t offer much comfort to the defendant with a driving suspension. Consider what’s more important to you: being correct on a procedural point, or being able to drive?
When you’re represented by an experienced Indiana DUI lawyer, you can file a motion for specialized driving privileges. If granted, this will pause the suspension for 10 days, giving you and your attorney a chance to gather the appropriate documentation.
Specialized driving privileges are discretionary, but they’re intended to allow you to drive for essential activities while your case is pending. Essential activities may include things such as work, school, or medical appointments.
Everyone who drives a motor vehicle in Indiana has implicitly consented—by law—to submit to any certified chemical test that’s offered to them during the course of a DUI investigation. If you refuse this test, your license will be suspended for a year.
A defendant with a refusal suspension is statutorily ineligible for specialized driving privileges.
Certain aggravating factors can lead to increased penalties, even for a first-time DUI defendant. These factors may include:
If your case involves these or other aggravating factors, it can lead to more severe criminal charges and increase the likelihood of jail time.
After your initial hearing, you will need to attend a series of hearings to continue fighting your DUI charges. While the punishment for all criminal offenses is standardized by law, it can still vary significantly depending on the facts of your case.
Here are the maximum penalties in Indiana for the following offenses:
While most first-time offenders don’t end up serving jail time, they can expect various conditions, such as probation, community service, alcohol education programs, and fines. An experienced Indiana DUI lawyer can walk you through the potential consequences.
It’s important to talk to someone who knows what to expect, especially if this is your first offense. An experienced Indiana DUI lawyer—particularly one who has previously worked as a prosecutor—understands what the judges and prosecutors are looking for.
If you choose wisely when hiring an attorney, you can hit the ground running at your first court date. It’s never a bad idea to be proactive and show the judge that you’re taking this seriously.
A first-time DUI can be overwhelming, but with the right legal guidance, you can mitigate the damage and move forward with confidence. At the Marc Lopez Law Firm, we have extensive experience handling DUI cases.
Our team includes former prosecutors who know the law from both sides. If you’re facing a DUI charge, don’t wait to get help. Contact us today at 463-842-1603 and remember—always plead the 5th!
* grams of ethanol per 100 milliliters of blood or 210 liters of breath