An OWI arrest is stressful.
Many people have never been arrested before.
They are worried about:
Their driver’s license
Their job
Their insurance
Their family
Their future
One of the biggest mistakes people make is assuming nothing important will happen until the Initial Hearing.
In many Indiana counties, that is simply not true.
Charges are often filed days or weeks before the Initial Hearing.
That is one reason early planning matters.
After an OWI arrest, one of the most important things you can do is develop a strategy before the Initial Hearing. Driver’s license issues often arise long before the case is resolved. Waiting until court to hire an attorney can create unnecessary problems and missed opportunities.
Before anything else, gather and preserve:
Citation
Bond paperwork
Temporary permit if your license was confiscated
Vehicle release documents
Court paperwork including Initial Hearing Date
Many people misplace important documents in the days following an arrest.
Having complete information allows an attorney to evaluate the situation more quickly.
Many people assume charges are automatically filed on the day of arrest.
That is usually not how the process works.
The prosecutor typically reviews the case and determines whether charges will be filed.
Depending on the county, charges may be filed days or weeks before the Initial Hearing.
Monitoring for filing is often important because driver’s license issues may begin once charges are filed.
For many people, the driver’s license issue is the most urgent concern.
Potential issues may include:
Probable cause suspension
Chemical-test suspension
Specialized Driving Privileges
Ignition interlock
Out-of-state license consequences
The sooner these issues are evaluated, the more options may exist.
The Initial Hearing is often the first court appearance.
Many people mistakenly believe this is when they should first contact an attorney.
In reality, important decisions are often made before that hearing occurs.
Preparing in advance allows the attorney to:
Evaluate license issues
Determine whether the hearing can be waived
Prepare Specialized Driving Privileges paperwork
Develop an overall case strategy
If you are a college student, the criminal case may not be your only concern.
Students at Purdue University and Indiana University may face separate disciplinary proceedings.
These proceedings often:
Move faster than the criminal case
Use different procedures
Have different goals
Require separate preparation
Many students are surprised to learn that the university process is completely independent of the criminal case.
The biggest mistake is waiting until the Initial Hearing to hire an attorney.
Many people believe:
“My court date is not for several weeks. I have time.”
Unfortunately, important driver’s license issues often begin before the Initial Hearing.
The earlier a strategy is developed, the more opportunities typically exist.
In some counties, charges may be filed weeks before court.
In others, charges may be filed only days before the hearing.
Because every county handles the process differently, waiting creates risk.
By the time a person decides to hire an attorney, important deadlines and driver’s license issues may already be approaching.
Many drivers assume:
“No suspension can happen until I go to court.”
That assumption is often wrong.
Depending on the county and circumstances, driver’s license consequences may begin developing before the Initial Hearing.
This is one reason experienced OWI attorneys frequently focus on driver’s license strategy immediately after charges are filed.
Clients frequently contact our office soon after an arrest because they want experienced guidance before important driver’s license decisions are made.
We assist clients with:
Probable cause suspensions
Notice to Stay filings
OWI defense throughout North Central and South Central Indiana
Generally, the sooner an attorney becomes involved, the more opportunities exist to address driver’s license issues and develop a strategy.
Not always. Charges are often filed days or weeks after the arrest and may be filed before the Initial Hearing.
Generally, yes. You can drive until the BMV suspends your license or the Initial Hearing, whichever happens first.
The Initial Hearing is the first court appearance where rights are explained and future proceedings are scheduled. Your driver’s license will be ordered suspended for 180 days or until the case is suspended. However, an attorney can file a Notice to Stay the suspension for 10 days to pursue options to keep you driving.
You may face both a criminal case and a separate university disciplinary proceeding.
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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