Flashing lights in the rearview mirror can change the course of an evening in seconds. If an officer suspects impaired driving, what follows are events that you may have never encountered before. Understanding how the process unfolds can help you prepare for what comes next.
Initial steps after an arrest
An Operating a Vehicle While Intoxicated (OWI) case usually begins with a traffic stop, a checkpoint or a crash investigation. The officer may ask you to perform field sobriety exercises and take a chemical test, such as a breath or blood test, to measure your blood alcohol concentration (BAC). Refusing the test can result in a license suspension for one year, or two years if you have a previous OWI conviction.
After an arrest, officers transport you to a jail or police station for booking, which includes fingerprinting, photographs and a records check. You may remain in custody until you post bond or appear before a judge.
A failed chemical test also triggers an administrative suspension of your driving privileges while the case moves forward. The Bureau of Motor Vehicles handles this and it is a separate process from the criminal case.
Possible penalties under state law
Indiana grades a first offense based on your BAC at the time of the stop. A reading of at least 0.08% generally results in a Class C misdemeanor under the state’s operating while intoxicated laws, while a reading of 0.15% or higher raises the charge to a Class A misdemeanor.
The classification of the charge often dictates the severity of the potential penalties. A Class C misdemeanor may result in up to 60 days of incarceration and a $500 fine. In contrast, Class A permits up to one year in jail and a maximum fine of $5,000.
Additionally, certain circumstances can elevate an OWI to a felony. These include a prior conviction within the past seven years, a crash that causes serious injury/death or, for drivers 21 and older, having a passenger younger than 18 while operating with a high BAC, controlled substances, or in a manner that endangers others.
A standard misdemeanor first offense conviction also brings a court-ordered license suspension that can last up to one year. Many drivers petition for specialized driving privileges, which allow limited travel to work, school or medical appointments, though a test refusal can close off that option.
Key stages in criminal court
Your first appearance is the initial hearing, where a judge explains the charges, enters a preliminary plea and sets conditions for release. From there, the case enters a pretrial phase that can stretch over several months.
During this period, an attorney can review the evidence, question how the stop unfolded and challenge the accuracy of the chemical test. Weaknesses in the case sometimes lead prosecutors to offer reduced charges or lighter sentencing terms.
Many OWI cases resolve through plea agreements rather than trials. If your case does go to trial, the state must prove each element of the offense beyond a reasonable doubt.