Ways To Reduce OWI Consequences
How Indiana Penalises An OWI Conviction
Many DUI cases are the result of a single poor decision or even a simple mistake. The consequences of an OWI conviction can cause difficulties for you for years. You could face jail time, thousands of dollars in fines, and other harsh penalties. The State will build its case from the stop, the test, and the evidence. If you’re convicted, the consequences can affect your freedom, your license, and your livelihood for years.
Getting legal advice early can help you understand the charges, the evidence, and the options available in your case. With offices in Noblesville and Anderson, Custom Law helps people across Indiana face their OWI charges and get a fair result.
Indiana OWI Basics
Indiana law prohibits operating a vehicle while intoxicated, and it also establishes specific offenses based on alcohol concentration. The penalty you face depends on your BAC, your driving record, and the circumstances of your arrest.
The penalties for a first OWI can vary depending on the circumstances:
- BAC of .08 to under 0.15: Generally a Class C misdemeanor, unless other circumstances elevate the offense.
- BAC of 0.15 or higher: Can be a Class A misdemeanor.
- Certain prior OWI convictions: Can result in a felony charge and more serious penalties.
- Serious bodily injury or death: Can lead to significantly more serious felony penalties.
Indiana’s impaired driving laws also address how these offenses are defined and enforced. Here are some of the penalties you may face if convicted:
- Jail time, ranging from a few days to several years, depending on the offense level
- Fines of up to $5,000 for a first offense and up to $10,000 for subsequent offenses
- Suspension or revocation of your driving privileges, depending on the offense and your driving record
- Mandatory alcohol or drug treatment
- Installation of an ignition interlock device
- Probation
Some people also need specialized driving privileges to keep commuting to jobs in Carmel or Fishers, or to get their kids to school, while a suspension is in effect. The consequences can extend beyond the criminal sentence, particularly when driving is essential to your work, family responsibilities, or daily life.
Think About The Consequences Of An OWI Conviction
The consequences of an OWI conviction can extend beyond the criminal penalties. They may include:
- Considerable embarrassment among your friends, family, and community
- Loss of employment or difficulty securing future employment
- Suspension or revocation of professional licenses for lawyers, medical professionals, accountants, and others
These consequences can continue after the criminal case is resolved, particularly when your employment or professional license depends on maintaining a clean record.
Pleading To A Reckless Driving Charge
Depending on the facts of your case, your attorney may be able to negotiate a resolution that avoids an OWI conviction. One possibility in some cases may involve a reckless driving charge under IC 9-21-8-52, but this is not a separate “wet reckless” offense under Indiana law.
Whether a prosecutor will agree to such a resolution depends on the charges, evidence, driving history, and circumstances of the case. You are not automatically entitled to this type of outcome simply because your BAC is near the legal limit.
If a prosecutor agrees to a reckless driving resolution, the consequences may differ from those of an OWI conviction. Depending on the terms of the resolution and the circumstances of the case, this may include:
- Avoiding an OWI conviction on your record
- Less harsh consequences than an OWI conviction, including a lower chance of jail time
- Less likelihood that the judge requires an ignition interlock device
You are not entitled to this plea. Prosecutors typically won’t offer it if you have a prior OWI or if the case involved an accident or injury to another person.
Agreeing To Alcohol Or Drug Treatment
Another way to reduce the harshest penalties of an OWI conviction is to voluntarily agree to alcohol or drug treatment. Depending on the circumstances, alcohol or drug treatment may be part of a negotiated resolution or a court-ordered sentence. Your attorney can explain how treatment could affect your case and what requirements may apply.
How An Indiana OWI Lawyer Can Help
An OWI case can involve questions about the traffic stop, chemical testing, evidence, and your constitutional rights. Depending on the circumstances, your defense may involve:
- Challenging the stop or arrest: Whether the stop, search, or arrest violated your constitutional rights, and whether a motion to suppress unlawfully obtained evidence may be appropriate
- Testing the evidence: How the breathalyzer test was administered and whether the results are accurate
- Negotiating a resolution: Evaluating any plea offers and negotiating for the best available result when dismissal is not an option
These issues can affect the evidence used against you and the options available as your case moves forward. An experienced criminal defense lawyer can help you understand how these issues may affect your case.
Fight The Harshest OWI Penalties
OWI penalties can affect your freedom, driving privileges, and future. Custom Law examines the stop, the test, the report, and the evidence to identify issues that may affect the outcome of your case. Review your OWI case with Custom Law to understand the evidence, the potential penalties, and the options available to you.
Frequently Asked Questions About Indiana OWI Penalties
1. What penalties can I face for a first OWI in Indiana?
A first OWI can result in jail time, fines, probation, license suspension, treatment requirements, and other penalties. The specific consequences depend on factors such as your BAC, driving history, and the circumstances of the offense.
2. Can a high BAC increase my Indiana OWI penalties?
Yes. A BAC of .15 or higher can result in a Class A misdemeanor under Indiana law. Other circumstances, including prior OWI convictions or serious injury, can also lead to more serious charges and penalties.
3. Can I avoid an OWI conviction by pleading to reckless driving?
In some cases, a prosecutor may agree to a reckless driving resolution instead of an OWI conviction. This is not guaranteed and depends on the charges, evidence, driving history, and circumstances of the case.
4. Can alcohol or drug treatment reduce Indiana OWI penalties?
Depending on the circumstances, alcohol or drug treatment may be included in a negotiated resolution or ordered as part of a sentence. Treatment does not automatically eliminate other OWI penalties, but it may be one factor considered in resolving a case.
5. Can I get specialized driving privileges after an Indiana OWI?
Depending on the circumstances of the suspension, you may be eligible to petition for specialized driving privileges. These privileges can allow you to drive under specific conditions established by the court.