What to do if you have received an OWI charge in Indiana

August 6, 2024

Receiving an OWI (Operating While Intoxicated) charge in Indiana can be a daunting experience. The uncertainty of what comes next can be overwhelming.


This article aims to shed light on the Indiana OWI defense options available to you. It provides a comprehensive guide on what to do if you have received an OWI in Indiana.


We will delve into the immediate steps to take after an OWI charge. We'll also provide an overview of Indiana OWI laws and the potential legal consequences you may face. The role of an OWI attorney in your defense will be discussed. We'll also explore potential defense strategies and the importance of evidence in your case.


Whether you're facing this situation yourself or seeking information for a loved one, this guide will help you navigate the complex landscape of Indiana OWI laws and defenses.

Immediate Steps After an OWI Charge in Indiana

The moments following an OWI charge can be critical. It's important to remain calm and cooperate with law enforcement.


Remember, you have the right to remain silent. Anything you say can be used against you in court. It's advisable to politely decline to answer any incriminating questions without an attorney present.


Contacting an OWI attorney should be your next step. They can guide you through the legal process and help protect your rights.


Lastly, start documenting everything about the incident. This includes the events leading up to the arrest, the arrest itself, and any interactions with law enforcement. This information can be crucial for your defense.

The moments following an OWI charge can be critical. It's important to remain calm and cooperate with law enforcement.


Remember, you have the right to remain silent. Anything you say can be used against you in court. It's advisable to politely decline to answer any incriminating questions without an attorney present.


Contacting an OWI attorney should be your next step. They can guide you through the legal process and help protect your rights.


Lastly, start documenting everything about the incident. This includes the events leading up to the arrest, the arrest itself, and any interactions with law enforcement. This information can be crucial for your defense.


Understanding Indiana OWI Laws

In Indiana, OWI stands for Operating While Intoxicated. It's similar to DUI, but it's not limited to driving. It can also include operating machinery or other vehicles while under the influence.


The legal blood alcohol concentration (BAC) limit in Indiana is 0.08%. However, you can still be charged with an OWI if your BAC is lower but your driving is impaired.


Indiana also has a zero-tolerance policy for drivers under 21. This means any detectable amount of alcohol can lead to an OWI charge.


Understanding these laws is crucial. It can help you navigate your defense and understand the charges against you.


Indiana OWI Consequences: What You're Facing


If you're charged with an OWI in Indiana, you're facing serious consequences. These can range from fines and jail time to license suspension.


For a first-time offense, you could face up to 60 days in jail and a fine of up to $500. Your license could also be suspended for up to 180 days.


The penalties increase with subsequent offenses. A second offense could lead to up to 2.5 years in jail, a fine of up to $10,000, and a license suspension of up to 2 years.


Here's a brief overview of the potential consequences:

  • First offense: Up to 60 days in jail, up to $500 fine, up to 180 days license suspension
  • Second offense: Up to 2.5 years in jail, up to $10,000 fine, up to 2 years license suspension
  • Third and subsequent offenses: Up to 7.5 years in jail, up to $10,000 fine, indefinite license suspension


Remember, these are just the legal consequences. An OWI can also have significant personal and professional impacts.


The Role of an OWI Attorney in Your Defense


An OWI attorney plays a crucial role in your defense. They understand the intricacies of Indiana OWI laws and can guide you through the legal process.


They can help you understand your rights and the charges against you. They can also help you explore potential defense strategies.


An experienced OWI attorney can negotiate with the prosecution on your behalf. They may be able to secure a plea bargain or reduced charges.


Remember, the right attorney can make a significant difference in your case. It's important to choose someone with experience in Indiana OWI cases.


Potential Defense Strategies for Indiana OWI


There are several defense strategies that can be used in Indiana OWI cases. The best strategy will depend on the specifics of your case.


One common defense is challenging the legality of the traffic stop. If the stop was not legal, any evidence obtained may be inadmissible in court.


Another strategy is to question the accuracy of field sobriety tests. These tests can be influenced by various factors, such as medical conditions or uneven road surfaces.

Challenging the results of chemical tests is another possible defense. Errors in the testing process can lead to inaccurate results.


Finally, procedural errors or violations of your rights can also be used in your defense. An experienced OWI attorney can help identify any such issues in your case.

Remember, every case is unique. It's important to work with your attorney to develop a personalized defense strategy.


The Importance of Evidence in Your OWI Case


Evidence plays a crucial role in any OWI case. It can either support or challenge the charges against you.


For instance, dashcam and bodycam footage can provide a clear picture of the events leading to your arrest. This can be invaluable in challenging the officer's account of the incident. Similarly, results from field sobriety tests or chemical tests serve as key evidence. However, these can be disputed if there were errors in the testing process.


In conclusion, understanding and effectively using evidence is vital in building a strong defense. An experienced OWI attorney can guide you through this process.


Navigating DUI Punishments and Penalties


Understanding the potential punishments and penalties for an OWI in Indiana is crucial. This knowledge can help you prepare for what lies ahead.


Penalties can range from fines and jail time to license suspension. They can escalate with subsequent offenses. For instance, a first-time offender may face:

  • Up to 1 year in jail
  • Fines up to $5,000
  • License suspension for up to 2 years


Remember, these are just potential penalties. The actual consequences can vary based on the specifics of your case. Consulting with an OWI attorney can provide a clearer picture of what to expect.


Alternative Sentencing and Plea Bargains in Indiana


In some cases, alternative sentencing or plea bargains may be an option. These can reduce the severity of the consequences you face. Alternative sentencing can include community service or alcohol education programs. These options can sometimes replace or reduce jail time. Plea bargains, on the other hand, involve negotiating for reduced charges. This is where the role of an experienced OWI attorney becomes crucial.


Remember, every case is unique. What works for one person may not work for another. It's important to discuss these options with your attorney to determine the best course of action.


Reinstating Driving Privileges and Moving Forward


After an OWI conviction, reinstating your driving privileges can be a complex process. It often involves completing court-ordered requirements and demonstrating responsible behavior.


Moving forward, it's crucial to maintain a clean driving record. This can help avoid further legal trouble and potential increases in insurance rates.


Conclusion: Taking Control of Your OWI Case


Facing an OWI charge in Indiana can be daunting. However, understanding your defense options and the potential consequences can help you take control of your case.


Remember, hiring an experienced OWI attorney can make a significant difference. They can guide you through the legal process and help you navigate your defense.

February 2, 2026
Getting served with an order of protection isn’t the easiest pill to swallow. It often happens without warning and can leave you feeling confused, angry, or blindsided. One minute you are going about your day, and the next you are being told you must stay away from someone, your home, or even your children. It can be hard to put your emotions aside, but if this has happened to you, it is important to slow down and understand what an order of protection actually means and what steps you should take next. How you respond early on can make a real difference in how the situation unfolds. Your first move should be to consult our Indiana criminal defense lawyers at Dogan & Dogan. We can advise on what to do and not do. What is an Order of Protection? In Indiana, an order of protection is a civil court order meant to prevent alleged acts of domestic or family violence, stalking, or harassment. How does it work? A judge can issue a temporary order based only on the petitioner’s statements. The petitioner is the person claiming that you are a threat to them. The judge doesn’t even hear your side of the story before issuing a temporary order. That surprises a lot of people. Someone is Claiming You Were Violent. Are Criminal Charges on the Table? Being served does not mean you have been found guilty of anything. It also does not automatically mean criminal charges are coming your way, but it does mean the court expects you to follow the order to the T. Temporary orders often include restrictions such as staying away from the person, having no contact of any kind, leaving a shared residence, or surrendering firearms. Even if the claims feel exaggerated or completely false, ignoring the order is not an option. This is difficult when you’ve done nothing wrong. Violating an order of protection can quickly turn a civil matter into a criminal one. That is why understanding the order and complying with it is critical, even if you plan to challenge it. It's important to reach out to our attorneys as soon as possible to ensure you're doing everything correctly. Read Your Order Carefully and Consult a Criminal Defense Attorney Some people get caught up in the heat of the moment and don’t look closely at the order. Maybe the first thing you’ve done is Google what to do when you’ve been served with a protection order in Indiana. You need to read the entire order from beginning to end. Every detail matters. Pay attention to distance requirements, contact restrictions, and hearing deadlines. Some orders allow limited contact for specific reasons, such as coordinating child exchanges. Others prohibit all contact, including phone calls, texts, emails, and messages through third parties. If the order says you must move out of your home, do not return unless the court changes the order. If it says you cannot go to certain locations, avoid them completely. Even accidental contact can be seen as a violation. Assuming something is allowed or misinterpreting something in the order can get you into serious trouble. Consulting one of our criminal defense lawyers for advice has to be a top priority. This can feel unfair, especially when the order was issued without your input. Still, compliance protects you while you work through the legal process. Know Your Right to a Hearing Temporary orders of protection are just that, temporary. In Indiana, you have the right to request a hearing and tell the judge your side of the story. The order you were served with should include information about when that hearing will take place or how to request one. Our defense attorneys set up hearings on behalf of our clients all the time. We will do the same for you. What Happens at a Protective Order Hearing in Indiana? At the hearing, both sides can present evidence, testimony, and witnesses. This is our job; you don’t have to worry about doing this on your own. The judge will then decide whether to dismiss the order, modify it, or turn it into a longer-term protective order. This is not a casual conversation with a judge. The outcome can affect your living situation, your parental rights, your reputation, and even your future employment. Showing up prepared with the right defense attorney matters. Waiting too long or failing to appear can result in the order being extended by default. Taking the hearing seriously by hiring a criminal defense lawyer is one of the most important steps you can take. Avoid Common Mistakes After Being Served We know you’re upset. People often make the situation worse by reacting emotionally instead of carefully. Anger, panic, or a desire to “set the record straight” can lead to bad decisions. One of the biggest mistakes is trying to contact the person who requested the order. Even an apology or attempt to explain can violate the order. Another mistake is posting about the situation on social media. Those posts can be used against you in court. Thinking that the order will just go away is also a bad call. Protective orders do not disappear on their own. They require court action, and until that happens, they must be followed. Finally, do not rely on advice from friends or family. Even if they’ve gone through the protective order process, they aren’t lawyers. They don’t know Indiana law the way we do. Having our defense attorneys representing you is your best shot at a positive outcome. Taking the Next Step With the Right Indiana Criminal Defense Lawyer Being served with an order of protection is stressful, but it does not define you or determine the final outcome. What matters most is how you respond. Following the order, understanding your rights, and preparing for what comes next can put you in a much better spot. Acting quickly, with the help of an attorney, can prevent the situation from spiraling into something far more serious. At Dogan & Dogan, our criminal defense attorneys know how to fight orders of protection. Someone has made serious allegations against you, and you don't have to take it lying down. We'll fight for you. Have you been served with an order of protection? Contact us today, and let's talk about your case.
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