All DUIs are serious and should serve as a wake-up call for any driver. However, the courts often handle first-time offenses differently than repeat offenses. This being the case, it can be hard to know exactly how much trouble you’re in and what you should be doing next. Generally, you’ll want your next step to be contacting a good criminal defense attorney and talking over your case. You can also take a few days to research potential attorneys in your area who you may want to work with. Let’s see what to do when you are arrested for DUI in Indiana. How to remove arrest records online?
By knowing what your rights and responsibilities are after being arrested for DUI, you can make proactive decisions now that will be best for you in the long run. Let’s start with the basics:
What is a DUI/OWI?
A charge of Driving Under the Influence, called Operating a Vehicle While Intoxicated under Indiana State law, is a charge of driving while under the influence of alcohol, commonly called ‘drunk driving’. There are two ways that one can be charged with OWI in the state of Indiana. One is by having a testable blood alcohol level of above .08 percent for a normal adult driver, .01 percent for a driver under the age of twenty-one, and .04 percent for commercial drivers. The other way one can be charged with OWI is by showing obvious signs of impairment, such as slurred speech or failing any portion of the field sobriety test, giving the officer probable cause to suspect drugs or alcohol.
The immediate result of a DUI/OWI arrest is confiscation and either suspension or revocation of your driver’s license. This can be contested later on but will likely stand for at least a few days until an administrative hearing can be held.
How Serious is Your First DUI?
While all DUIs/OWIs are serious, you’re much more likely to be treated with leniency if this is your first offense as opposed to your third or fourth. In Indiana, an OWI is either a class C or class A misdemeanor, and comes with the following possibilities for punishment:
- You could face a jail sentence of up to one year
- You will have court costs and fees that total in excess of $300
- You could face up to a $5,000 fine
- You may be required to submit urine samples for drug and alcohol testing
- You could be required to attend a victim impact panel
- Your license could be suspended for up to two years OR
- You may be placed on probation, and required to take a substance abuse education course, while you will have to pay for it. Your license may also be suspended for a minimum of 30 days. This is then followed by a probationary period of 180-days wherein you may only drive for employment-related reasons.
What To Do After You’ve Been Arrested for DUI
Once you allow yourself to be taken into custody without resisting or making excuses for your actions, you can then ask for your legal right to speak with an attorney. Until then, answer the officer’s questions as succinctly as you can and avoid speaking unless you’re asked a direct question. Contacting an attorney should always be your first step in dealing with the aftermath of an arrest.
It’s also important to remember that, in Indiana, you only have ten days from the date of the original arrest to request what’s called an administrative hearing. This is where you can contest the suspension or revocation of your driver’s license, but the hearing will only be granted if the request for it is filed within that first ten-day period. If you fail to file, no hearing will be granted and the suspension or revocation will stand.
When looking for an attorney who can represent you, don’t just choose the first name you come across to save time. Putting in some time on research upfront will serve you well later on, as you want to make the best decision you can regarding your future representation. Choose an attorney with whom you communicate well and whom you would trust to handle your case to the best of their ability.
In Conclusion
Being arrested for DUI/OWI can have serious repercussions, from higher insurance premiums to a possible jail sentence. When you’ve been arrested for DUI, do not resist the officers. Answer questions as succinctly as you can when asked, but avoid talking when possible. Once you’ve been taken into custody, you can then exercise your legal right to speak with an attorney.
When looking for a criminal defense attorney to represent you, look for someone you feel you can work well with, as they’ll be in your corner through this difficult time. It’s best to spend a little time on research upfront so that you know you’ve made the best possible choice from the candidates available. It’s important to go with a trusted law firm that can provide you with excellent legal representation when you need it most.
While a drunk driving conviction can certainly be life-altering, a charge does not necessarily mean a conviction. Contact a skilled attorney who knows the law well and who practices ethically before you give up hope. You deserve solid, reliable legal representation during this difficult time, and having a good criminal defense attorney in your corner can help make the following proceedings more understandable and bearable.
