Getting arrested for drunk driving is stressful, confusing, and often overwhelming. One moment you’re behind the wheel, and the next you’re in handcuffs wondering what happens now. If you picked up a DUI in Johnson County, Indiana, the next 30 days are important. What you do during this time can make the difference between a manageable outcome and a long-term problem that affects your job, your license, and your future.
In Indiana, the formal charge for drunk driving is operating a vehicle while intoxicated, or OVWI. People still use the terms DUI or OWI, and those labels are fine, but the criminal process is the same. This guide walks you through what happens step by step, what decisions you’ll face, and how the Marc Lopez Law Firm helps put you in the strongest position possible.
You’re Probably Going to Jail First
Most people arrested for an OVWI spend at least some time in jail. In Johnson County, this is the norm. The police arrest you, transport you to the jail, and book you in. At this stage, everyone has the same questions:
- When do I get out?
- Do I need to post a bond?
- What are my court dates going to look like?
Release depends on the facts of your case, whether you submitted to a chemical test, your criminal history, and what the jail staff sees in your file. Some people are released on their own recognizance. Others need to post a cash bond. You won’t know until you’re processed.
What matters is what you do after you’re released. The first 30 days will shape the entire case.
Your License Will Be Suspended, No Exceptions
In Indiana, a license suspension is automatic in DUI cases. There is no motion an attorney can file that prevents the initial suspension from being entered. It will happen at your first hearing in Johnson County.
There are two types of suspensions you need to know about:
1. Refusal Suspension
This happens if you refuse the certified breath test or refuse to give blood after being read Indiana’s implied consent advisement.
A refusal suspension lasts one year for a first refusal and two years for any prior refusal.
2. General Administrative Suspension
This happens when you take the chemical test and fail it.
This suspension typically lasts 180 days unless shortened by the court.
Your attorney’s first job is to stop the immediate damage. In Johnson County, that starts with filing the 10-day stay, which temporarily pauses the suspension so we can talk about your options.
Refusal Cases and Ignition Interlock
If the arrest involved a refusal, we need to have a real conversation about ignition interlock. Johnson County judges sometimes allow interlock in place of the traditional refusal suspension, but you must act fast and meet the legal requirements.
Ignition interlock is a device installed on your steering column. You blow into it to start the car. Many clients are surprised to learn that interlock may be their only path to driving during a refusal suspension.
Not every judge allows interlock in refusal cases. Not every situation qualifies. This is one of many reasons you want an attorney who practices DUI defense regularly and understands Johnson County’s expectations.
General Suspensions and Specialized Driving Privileges (SDP)
If your case involves a typical failed test rather than a refusal, we usually look at specialized driving privileges (SDP). These privileges allow you to drive for life’s necessities, such as:
- commuting to work
- school
- childcare
- therapy or medical appointments
- court dates
- the attorney’s office
- probation meetings
- other essential obligations
SDP is not automatic. Your attorney must prepare a petition, review your driving history, and determine what the judge is likely to approve. Johnson County judges review these requests carefully. A well-prepared petition matters.
Most people with SDP must use ignition interlock. Some will also be placed on backtrack, a monitoring system that requires you to blow into a handheld device throughout the day to show you’re not drinking.
Next Step: Reviewing the Stop and the Evidence
Once the license issues are addressed, the real legal work begins. A DUI case rises or falls on the evidence, and every case is different. Many callers say, “There was no reason for them to pull me over,” or, “I wasn’t swerving.”
Maybe you weren’t. Maybe you don’t remember. Maybe the officer wrote something different in the affidavit than what happened on video. That’s why evidence review is essential.
Your attorney must look at:
1. The Basis for the Traffic Stop
Why did the officer pull you over? Was it speeding? Touching the fog line? A claimed equipment violation? Police are trained to articulate reasons, but those reasons must be lawful and supported by evidence.
2. The Standardized Field Sobriety Tests (SFSTs)
These tests are the walk-and-turn, the one-leg stand, and the horizontal gaze nystagmus (HGN) test. Each test has strict rules:
- The instructions must be correct.
- The clues must be counted accurately.
- The officer must follow National Highway Traffic Safety Administration (NHTSA) guidelines.
If the officer performs the tests incorrectly, and it happens more often than you’d expect, the results lose reliability. Body-worn camera footage often exposes the mistakes.
3. Breath or Blood Testing
Whether you blew into a certified breath machine or had blood drawn at a hospital, the details matter:
- Was the test offered correctly?
- Was the machine calibrated?
- How long was the delay between driving and the test?
- Was the blood draw performed according to legal and medical standards?
Even small deviations can affect the validity of the results.
When the Evidence Is Strong: Mitigation Matters
Not every case is a fight-to-the-end situation. Sometimes the stop is clean, the SFSTs were done correctly, and the blood or breath test is airtight. When that happens, the question becomes: How do we get you the best possible outcome?
Mitigation is anything that shows the court you’re taking responsibility and working to address concerns. This might include:
- alcohol education or treatment
- AA meetings
- participating voluntarily in backtrack
- completing workbooks or decision-making panels
- counseling
- early ignition interlock installation
- proof of employment or family responsibilities
If you’re a first-time offender, the court may want to see proactive steps. If this is your third or fourth OVWI, mitigation is non-negotiable. Judges want to know you understand the risk and are committed to change.
Why a Local Johnson County Attorney Matters
Johnson County has three primary criminal courts, and judges do things differently. Knowing the county’s practices can dramatically affect your results.
For example:
- Some judges require jail time for repeat OVWI convictions to be served immediately when you take a plea.
- Others allow you to serve your mandatory days on weekends, so you can keep your job.
- Some judges frequently approve ignition interlock for refusal suspensions.
- Others rarely grant it.
- Each judge has different expectations for mitigation, treatment, and monitoring.
If you don’t know the judge’s policies, you can make decisions that hurt your case before you even walk into court.
The Marc Lopez Law Firm appears in Johnson County regularly. We know what the judges expect, how probation handles OVWI cases, and what arguments are most persuasive in front of each court.
Local knowledge matters. It can save you money, driving time, and even jail time.
A Closer Look at the First 30 Days
Here is what the first month usually looks like for someone arrested for drunk driving in Johnson County:
Days 1–3: Getting Released and Calling an Attorney
- You get out of jail.
- You receive your initial hearing date.
- You contact an attorney immediately so the 10-day stay can be filed.
Days 3–10: Stopping the Automatic Damage
- Your attorney files the stay to delay the suspension.
- You meet to discuss whether this is a refusal case or a general suspension case.
- You review whether ignition interlock or SDP is appropriate.
Days 10–20: Evidence Gathering
- We request police reports, videos, breath-test records, and calibration logs.
- We evaluate whether the stop was lawful and whether the SFSTs were administered correctly.
- We start building a plan based on the strength of the evidence.
Days 20–30: Strategy and Mitigation
- You begin treatment or monitoring if appropriate.
- We discuss plea options, potential defenses, or trial strategy.
- If you need specialized driving privileges, we prepare and file the petition.
This is the period where the most damage can be prevented, but only if you take action quickly.
What You Should Do Right Now
If you were arrested for OVWI in Johnson County, here’s what protects you best:
- Do not talk to anyone about your case except your attorney.
- Do not assume the police report is accurate.
- Do not wait to hire counsel. The license issues alone require immediate action.
- Start documenting everything you remember.
- Prepare for ignition interlock or backtrack if driving is essential to your life.
A drunk driving charge is serious, but it’s manageable when you have the right legal team behind you.
Make the Right Call
An OVWI case is too important to navigate alone. Your driver’s license, your job, and your criminal record are all at stake. The Marc Lopez Law Firm handles DUI defense every day, and we know how Johnson County courts operate. Whether the goal is fighting the evidence or negotiating for the best possible outcome, we’re ready to help.
If you picked up a DUI in Johnson County, call the Marc Lopez Law Firm at 463-842-1603.
And remember, always plead the fifth.
