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While Intoxicated

DUI Defense Attorneys

I was arrested for OWI – DUI in Indiana. What am I facing?

If a person is arrested for operating while intoxicated in Indiana, the criminal charges he or she faces depends on the breath test result (referred to as Alcohol Concentration Equivalent or “ACE”), whether the person’s driving caused endangerment, and whether the person has prior OWI/DUI convictions.

 Possible charges include:

  • Operating with an ACE of .08 or higher – Class C misdemeanor
  • Operating While Intoxicated – Class C misdemeanor
  • Operating with an ACE of .15 or higher – Class A misdemeanor
  • Operating While Intoxicated Causing Endangerment – Class A misdemeanor 

If a person charged with any of the above offenses has a prior conviction for OWI/DUI in the past 7 years, he or she will be charged with a Level 6 felony. A Class C misdemeanor carries a penalty of up to sixty days in jail, a Class A misdemeanor carries a penalty of up to one year in jail, and a Level 6 felony carries a penalty of 6 months to 2 1/2 years.

What will happen to my Driver’s License after an OWI arrest?

When OWI charges are filed, the court will receive an Affidavit of Probable Cause which sets for the reasons that an arrest was made. This will include reference to any breath test results. If the court finds that there is probable cause to support an OWI charge, a person’s license will be ordered suspended for 180 days or until the case is resolved. The probable cause suspension becomes effective at the initial hearing or upon notice by the BMV (referred to as a “Probable Cause suspension”). Because a person’s license is suspended while the case is pending, it is important to take aggressive legal action.

There is NO Mandatory Minimum OWI License Suspensions Effective January 1, 2015

Despite the Probable Cause Suspension, there is no longer a minimum driver’s license suspension for an operating while intoxicated charge in Indiana upon conviction. Judges now have the discretion to suspend your license from 0 days up to 2 years following an OWI conviction. Courts can stay any suspension imposed by issuing Specialized Driving Privileges. Because a person’s license is subject to a probable cause suspension while the case is pending, it is extremely important to retain an experienced attorney early in the case. Aggressive legal action could restore your driving privileges immediately by resolving the case or seeking Specialized Driving Privileges.


DUI Defense Attorneys

Statewide Representation with Offices in Lafayette, Bloomington, Fort Wayne, and Anderson

Gibson Law Office has statewide experience defending DUI cases. If you are arrested for DUI, we will first analyze whether you have any viable defenses. Was the reason for the police stop legal? Were the field sobriety and breath tests administered correctly? Can the State prove endangerment?  If you have technical or evidentiary defenses, we will pursue them aggressively. If you do not have a viable defense, we will work diligently to negotiate an agreement to get your license reinstated and mitigate any penalties.



Talk to an experienced criminal attorney now.

You need to act fast to protect your rights. Certain defenses and motions must be filed prior to deadlines set by the court. Our experienced criminal defense attorneys will develop a strategy to attack the evidence in your case. Schedule a free consultation now.

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