What Happens After an OWI Arrest?
If you are arrested for operating a vehicle while intoxicated (OWI) under IC 9-30-5, what should you expect to happen during and after the arrest? For many people who are charged with an OWI in Indiana, it is their first offense involving any kind of intoxicated driving, and it is also their first experience with the criminal justice system in the state. The process can be scary and anxiety-inducing, and you may not know when to ask for a lawyer, or whether you should comply with the requests of law enforcement officers. Our Indianapolis OWI defense attorneys can tell you more about the general steps in an OWI arrest, and what you should (and should not) do as your case begins to move through the criminal justice system.
Vehicle Stop
The first step in any OWI arrest scenario is a vehicle stop. At this stage under Indiana law, you can decline to take a field sobriety test or a breathalyzer without any legal consequences. However, if the law enforcement officer has probable cause to believe you have committed an OWI, you can still be arrested.
Arrest and Charges
Once you are arrested, you will typically be handcuffed and taken to the local police station or sheriff’s station. Your person, and likely your car, can be lawfully searched at this point. Your vehicle may also be towed (if it is, you will have to pay to get it back).
Plea or Trial
Depending on the facts of your case, you may want to consider a plea deal from the prosecution, which can involve reducing the charges you are facing or reducing the possible sentence. Before you consider any plea deal, you should always have a lawyer working with you on your case. If you do not want to accept a plea agreement or no plea is offered, then your case will move to trial.
Dismissal, Acquittal, or Conviction
If your lawyer is able to make a strong case for having the charges against you dismissed (such as evidence of a constitutional violation, for example, or other reasons that the prosecution does not have enough evidence to move forward with a case), then the charges against you will be dropped. If you go through a criminal trial for an OWI, the possible verdicts are acquittal or conviction. If you are acquitted, you will not have any criminal consequences and no conviction on your record. If you are convicted, you will face a sentence for charges that range anywhere from a Class C misdemeanor to a Level 4 felony, depending on the specific details of your case. Even a Class C misdemeanor conviction can result in up to 60 days in jail and a significant monetary fine.
Contact an Indianapolis OWI Defense Attorney for Assistance with Your Case
If you or someone you love was recently arrested for an OWI, it is important that you do not panic but that you also seek legal advice as soon as possible. An OWI conviction, even for a first offense, can result in jail time in addition to other consequences. One of the experienced Indianapolis OWI defense lawyers at Rigney Law LLC can speak with you today about developing a strong defense strategy and working to avoid a conviction. Contact our firm to learn more about how we assist Indiana residents with OWI defenses.
Sources:
statecodesfiles.justia.com/indiana/2016/title-9/article-30/chapter-5/chapter-5.pdf
in.gov/cji/traffic-safety/impaired-driving/#Indiana_Impaired_Driving_Laws