If you are arrested and charged with operating a vehicle while intoxicated (OWI) in Indiana, knowing what to anticipate can help you make informed decisions, alleviate anxiety and protect your rights.
First, you can expect to be taken to a jail, where you will be booked. You will be subjected to chemical testing to determine your blood alcohol content (BAC) level within three hours of your arrest. Under Indiana’s implied consent law, you are deemed to have agreed to this testing in exchange for the privilege of a driver’s license. Refusal of testing can be used as evidence of guilt in an OWI prosecution. It also triggers an automatic driver’s license suspension, even if you are not convicted of OWI.
Exactly what happens to your vehicle can depend on departmental policy and the circumstance of your arrest, including whether the vehicle needs to be preserved as evidence after a wreck. If a sober, licensed driver is available, officers may permit that person to take custody of the vehicle, but many OWI arrests result in towing, impoundment and storage fees.
You may be held at the jail for several hours while officers complete the booking process and determine you are no longer impaired. Depending on the availability of bond and the specific circumstances of your case, you could be released the same day. In other situations, you may have to spend the night in jail or remain in custody longer, particularly if you have prior OWI convictions or you are charged with a felony.
If your BAC was 0.08% or higher, your driver’s license will immediately be suspended through an administrative process by the Bureau of Motor Vehicles, although you may be able to petition for specialized driving privileges so that you can go to work, attend school or get to medical appointments. Eligibility depends on the circumstances of the case and on your driving record.
If you are ultimately convicted of OWI or plead guilty, the penalties can vary significantly depending upon the circumstances, including whether you caused an accident with resulting injuries, have prior OWI convictions or had a minor in the vehicle with you. These are typical sentences:
- A first OWI (BAC between 0.08% and 0.15%) is charged as a Class C misdemeanor, punishable by up to 60 days in jail and fines of up to $500.
- A first OWI involving a BAC of 0.15% or higher or endangering another person is charged as a Class A misdemeanor, carrying penalties of up to one year in jail and fines of up to $5,000.
- An OWI may be charged as a felony when the driver has a prior OWI conviction within the last five years, causes serious bodily injury, drives while intoxicated with a passenger under 18 in the vehicle or causes the death of another person. Depending on the circumstances, felony penalties can range from six months to 12 years in prison, along with fines of up to $10,000.
It’s essential to remember that after an OWI arrest, there may be potent defenses available based on the facts of the stop, the administration of chemical testing or other issues. Because the consequences are so perilous, it is important to seek legal guidance as soon as possible.
The Law Offices of Ryan E. Lackey in Fort Wayne, Indiana represents OWI defendants in Allen County and surrounding areas. Arrange a free consultation by calling 260-222-7364 or contact us online.
