Bargersville DUI and OWI Lawyer

A DUI arrest can leave you worried about your license, job and what comes next. If this is your first criminal charge, you may not know what to expect.

Indiana law uses the term “operating while intoxicated” (OWI), although many people call these charges DUI. Attorney Maryan can explain your charges, review the evidence and discuss your legal options. To schedule a consultation, call her office in Bargersville, Indiana, at 317-732-4055.

DUI Penalties In Indiana

Indiana OWI penalties depend on the blood alcohol content (BAC), prior OWI convictions and other circumstances. Charges can range from misdemeanors to felonies. Possible penalties include:

• Class C misdemeanor: A BAC of .08% to less than .15% without endangering another person can result in up to 60 days in jail and a fine of up to $500.
• Level 6 felony: An OWI causing serious bodily injury is a Level 6 felony. It can result in six months to two and a half years in prison and a fine of up to $10,000.
• Level 5 felony: An OWI causing serious bodily injury is elevated to a Level 5 felony if the driver has a prior OWI conviction within the preceding five years. A Level 5 felony carries one to six years in prison.
• Repeat OWI offenses: A repeat OWI conviction within seven years is charged as a Level 6 felony, punishable by six months to two and a half years in prison and a fine of up to $10,000. An OWI also automatically becomes a Level 6 felony when a driver who is 21 or older has a passenger under 18, even if it is a first offense.

A conviction can also affect your driving privileges and may lead to probation, treatment or other court-ordered conditions. Penalties depend on the facts and your prior record.

DUI Versus OWI: Is There A Difference In Indiana?

You may hear both DUI and OWI used for impaired driving charges in Indiana. OWI is the term used in Indiana law.

The law also focuses on whether someone was “operating” a vehicle, not simply whether the vehicle was moving. The circumstances determine whether someone was operating the vehicle. Being found in a parked vehicle does not automatically rule out an OWI.

What To Do If You Are Stopped For A DUI In Indiana

A traffic stop for suspected impaired driving can be stressful. Remain calm and provide your license and registration when asked. You do not have to argue with the officer or explain your activities.

You have the right to remain silent and do not have to answer questions that could incriminate you. Field sobriety tests and chemical tests are separate issues. Under the state’s implied consent law, refusing a chemical test can affect your driving privileges. A failed chemical test results in a 180-day administrative suspension. A refusal results in a one-year suspension for a first offense or two years with a prior OWI conviction.

After an arrest, it is generally best to avoid discussing your case until you have spoken with a defense attorney.

Can You Challenge A License Suspension?

Losing your driving privileges can affect work, school and daily life. The consequences depend on the reason for the suspension and the circumstances of your case.

In some situations, Indiana law allows eligible drivers to seek specialized driving privileges. A court may also require an ignition interlock device. These options are not available in every case, including some chemical test refusals.

Attorney Maryan can review your suspension and explain whether you may be able to challenge it or seek limited driving privileges.

What Happens After An OWI Arrest?

The state may use the traffic stop, officer observations, field sobriety tests, and breath or blood testing as evidence. The firm can examine why you were stopped, how the investigation was conducted and whether officers followed required procedures.

Attorney Dorie Maryan can review the testing methods, results and other evidence. Attorney Maryan can explain what the evidence means and discuss your options.

What You Should Know About OWI In Indiana

An OWI can affect both your criminal case and driving privileges. Below are some commonly asked questions about OWI.

What should I do after an OWI arrest in Indiana?

Keep all paperwork from your arrest and track your court dates and driving-related deadlines. Do not miss a required court appearance or BMV deadline. Avoid discussing the details of your case with others, especially on social media. Talk with an attorney as soon as possible about your charges, driving privileges and available legal options.

Can I lose my license after a first OWI arrest?

Yes. A first OWI arrest can affect your driving privileges even before your criminal case ends. The consequences can depend on whether you took or refused a chemical test and what the test showed. An attorney can review the circumstances of your arrest and explain how your driving privileges may be affected.

Can an Indiana OWI charge be reduced or dismissed?

It is possible in some cases. An attorney may review the traffic stop, probable cause, chemical testing and other evidence for issues that could affect the charge. Depending on the circumstances, those issues may support a reduction or dismissal.

Attorney Maryan can review your case and explain the legal options available to you.

Contact A Compassionate Criminal Defense Attorney Today

An OWI charge can be difficult to face, especially if it is your first criminal case. Attorney Maryan takes a professional, compassionate and nonjudgmental approach to each case. She can explain the process, protect your rights and guide you through your case. Schedule a consultation by calling her at 317-732-4055 or sending her an email.