This is usually the first question people ask after an OWI arrest.
The arrest is embarrassing.
The process is unfamiliar.
Many people have never been arrested before.
Their immediate concern is simple:
“Am I going to jail?”
The honest answer is that every case is different.
However, many first-offense OWI cases involve people with no prior criminal history, stable employment, and no history of alcohol-related offenses.
Those facts matter.
Most first-offense OWI defendants are not focused on fines or court costs. They are worried about jail. The answer depends on the facts of the case, criminal history, chemical test results, aggravating circumstances, and how the case is ultimately resolved. Every case should be evaluated individually. In most Indiana counties, first offense OWI cases can be resolved without jail time. However, there are counties that require short term incarceration as part of any plea agreement.
People often call our office within hours of an arrest and want to know exactly what will happen.
Unfortunately, no attorney can answer that question from the arrest paperwork alone.
Important factors include:
Criminal history
Prior alcohol-related offenses
Chemical-test results
Accidents
Injuries
Child passengers
Refusal allegations
Strength of the evidence
The same charge can lead to very different outcomes depending on the facts and what county the case is filed in.
Even a single prior OWI conviction can dramatically change the case. If a person has one prior OWI, they must serve either 10 days in jail (5 actual days with good time credit) or perform 240 hours of community service, in addition to the remainder of the sentence.
Indiana law treats OWI cases involving child passengers much more seriously. If a person is at least 21 years of age and had a passenger less than 18 years of age, the offense elevates from a misdemeanor to a Level 6 felony.
Higher alcohol concentration results often receive additional scrutiny. A high breath test can impact plea agreement negotiations, particularly the impact on a person’s driving privileges.
Refusal cases frequently create additional license-suspension and strategic issues. Specialized Driving Privileges cannot be ordered for a breath test refusal suspension. Even with a refusal, Courts have discretion to order ignition interlock in lieu of the probable cause suspension. In some counties, it is also possible to negotiate a plea agreement to set aside the refusal suspension.
The biggest mistake is assuming the case is only about criminal penalties.
For many people, the most immediate problem is their driver’s license.
In many counties, important license-suspension issues arise long before the case reaches a final resolution.
An experienced OWI attorney is not simply evaluating whether a conviction can be avoided.
The attorney should also be evaluating:
Driver’s license issues
Ignition interlock
Employment concerns
Professional licensing concerns
Immigration concerns
The consequences of an OWI often extend far beyond the courtroom.
Every case is different. The answer depends on the facts, criminal history, and how the case is ultimately resolved. In many first offense OWI cases, jail can be avoided. However, that is not always true.
Prior offenses, child passengers, high alcohol concentrations, breath test refusals, accidents, and injuries often increase the seriousness of a case.
Early planning often creates more opportunities to address license and procedural issues.
License consequences are often one of the most important issues in an OWI case. Upon a finding of probable cause, State law requires the Court to order a person’s driver’s license suspended at the Initial Hearing. However, in lieu of the suspension, courts can grant Specialized Driving Privileges or ignition interlock. In some counties, it’s also possible to negotiate a short-term suspension and get back on the road quickly.
If you consented to a breath test or blood draw, and have an Indiana driver’s license, courts can grant Specialized Driving Privileges or driving with an ignition interlock device.
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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