This is the most common question people ask after an OWI arrest.
The arrest may have happened only hours ago.
You may have never been arrested before.
You may have a family, career, professional license, or college education at stake.
Most people are not worried about court costs.
They are worried about one thing:
“Am I going to jail?”
The answer depends on the facts of the case, your criminal history, prior OWI convictions, chemical test results, injuries, child passengers, and many other factors. No attorney can responsibly predict the outcome from a police report alone. However, many first offense OWI cases can be resolved without jail time. However, there are some Indiana counties that impose jail time even on a first offense.
People often call after an arrest and want an immediate prediction.
The problem is that important information may not yet be available.
An experienced attorney should evaluate:
Prior criminal history
Prior OWI history
BAC results
Child-passenger allegations
Accidents
Injuries
Refusal allegations
License-suspension issues
before providing meaningful advice.
Nothing affects an OWI case more than a prior OWI conviction.
Indiana law imposes additional mandatory requirements when a person has prior OWI convictions.
OWI allegations involving a child passenger are treated much more seriously under Indiana law.
Injury cases often result in felony allegations and significantly greater exposure.
OWI causing death cases are among the most serious criminal cases in Indiana. If convicted, these often result in prison time.
The biggest mistake is focusing exclusively on jail.
For many people, the most immediate consequence is actually loss of driving privileges.
License-suspension issues often begin at the Initial Hearing or even earlier.
Every case is different. The answer depends on the facts and circumstances and the county where the case is filed.
Prior convictions, child passengers, high BAC results, injuries, accidents, and refusals commonly increase seriousness.
Yes. A first time OWI is generally a misdemeanor. However, certain aggravating circumstances can elevate an OWI to a felony, such as having a child passenger or getting in an accident that results in serious bodily injury.
Possibly. Driver’s license issues are often one of the most important concerns in an OWI case. It’s important to contact an attorney immediately to develop a strategy to protect your license.
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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