I’ve Been Arrested for OWI in Indiana, What Happens Now?

Being arrested and charged with OWI in Indiana can have devastating effects on your and your family’s life. Of course, the circumstances in every case differ, but jail time may always be on the table, and getting immediate, competent, skilled, professional legal advice and guidance is mandatory.

Of course, your arrest is the first step of any OWI case in Indiana. This begins your initial stage of getting through the Indiana OWI court process. The police will usually stop you if they have a suspicion that you are driving under the influence of alcohol (or other substances such as illegal or legal drugs).

They usually will ask you to take a field sobriety or breathalyzer test. If the test comes back positive, or they have probable cause to believe that you’re impaired, you will almost always be arrested and taken into custody.

It is critical to note that when you are arrested, you should always obtain the immediate advice and counsel of an experienced and committed OWI lawyer as soon as possible. They will thoroughly analyze your case to develop a solid and legally sound defense strategy and “get ahead” of the prosecution’s case.

The next step in the usually lengthy OWI court process is your arraignment. In this stop, you and your lawyer appear before the judge to review the charges against you in detail and enter a plea (guilty or not guilty).

During your arraignment, you must have aggressive and skilled legal representation to ensure your rights are protected.

Your OWI lawyer will guide you through the entire arraignment process, fully explain your charges, and advise you on your legal options and the best course of action for you to pursue. Your knowledgeable OWI lawyer’s only goal is to secure the best possible outcome in your case.

Must I Always Go To Trial, or Are There Alternatives?

Your lawyer knows you want this horrific incident resolved as soon as possible, but you must always do what’s best for you, your freedom, and your rights. Going to trial is always considered, but there are other options that you must carefully consider.

If you must go to trial, it is commonly the lengthiest option as you must wait for a time on the court’s docket, which is usually quite busy. You may have to suffer continuances, etc., which can further delay the entire proceeding; however, this is sometimes the most sound and necessary thing to do.

That said, your skilled, experienced, and knowledgeable OWI lawyer will always point out options if they are appropriate to the circumstances of your case. Your lawyer could have your charges mitigated downward or see if your case is open to pretrial diversion. The pretrial diversion would allow you to enter the drug court system or some other program; however, you must qualify for these options.

Another standard option is entering into a plea deal with the prosecution. Doing this makes you admit you did the crime but want to resolve your case reasonably soon. So, although you would plead guilty, if this option fits, it may be the best way to proceed.

Your skilled Indiana OWI law team will assist you in exploring all the legal options in your case; once that’s made clear, you can rationally and intelligently decide how you will try to resolve the matter.

How Can My Lawyer Get My OWI Charges and Penalties Reduced in Indiana?

Any OWI (operating your vehicle under the influence) charge is a severe crime in Indiana. So, you must note that when you are arrested on an OWI charge, you could face severe penalties that could be life-changing.

However, a skilled and experienced OWI lawyer has ways to possibly reduce your OWI charge. Some examples of these legal tactics are;

Voluntary attendance and completion of an alcohol rehabilitation program – Let’s say you’re a first-time offender. In this case, and if the circumstances of your case allow, you may be able to avoid an OWI conviction by agreeing to complete an alcohol rehabilitation program voluntarily. The agreement is usually part of a plea deal with the state prosecutor, and if you qualify, you may be entered into alcohol treatment, thus allowing you to avoid jail time. You also may have to be put on probation and participate in community service.

Your OWI charges could be reduced to an Indiana “Wet Reckless Charge.” This may be negotiated as long as no one was injured during your incident and your lawyer shows that your life could be affected drastically by getting an OWI conviction.

You will be pleading guilty to a “wet reckless” charge (or reckless driving that involved alcohol). Your license may be temporarily revoked, and you may have to pay fines, but you would not have an OWI (or drunk driving charge) on your criminal record.

Remember that your valued, thorough, and empathetic OWI lawyer will be integral to any OWI charge negotiations.

What Are Some Things I Should Know About an OWI Plea Deal in Indiana?

Under specific circumstances, you may be charged with operating a vehicle while intoxicated (OWI) but mitigate your charge down to a reckless driving charge. This is commonly referred to as a “wet reckless” charge, and you would get significantly less severe penalties than if you got an OWI/DUI conviction.

However, there are limitations to wet reckless pleas, and your lawyer will advise you thoroughly on this option.

By pleading down your case, the high cost of prosecution is avoided, and so is the stress and emotional toll on you and your family.

However, you must note that the penalties for a wet reckless conviction are not always reasonable, and depending on your case-specific circumstances, you may be charged with a class 2 misdemeanor.

Your penalties may include;

  • Up to 180 days in jail.
  • $1,000 or more in fines plus court costs, etc.
  • Temporary or complete suspension of your driver’s license.
  • Mandatory, court dictated, alcohol or substance abuse treatment, and more.

Although plea agreements can finalize your case more rapidly, they are tricky as you still plead guilty to a crime.

This is why you must allow your OWI lawyer, who is highly experienced in these matters, to advise you. There are definitive situations where pleading guilty to reckless driving (or “wet reckless”) is preferable to a jury trial.

Some of these situations include;

  • Any other OWI conviction would count as your first DUI, not your second, which is far worse.
  • It is usually rare that a “wet reckless” plea would require you to install an interlock ignition device on your car.
  • Your auto insurance rates may go up after a reckless driving charge, but nearly as much as an OWI charge, and more.

I Have Been Arrested For an OWI in Indiana; What Should I Do?

An OWI charge in Indiana can be life-altering, but as with any crime type, it usually is in your best interests to cooperate as much as your lawyer advises.

By working with an experienced Indiana OWI lawyer, you can be sure that all your rights and your freedom are upheld.

The diligent, empathetic, and successful OWI lawyers at Beeman, Heifner, Benge, P.A. have a long and successful history of clearing clients’ names of OWI charges.

Call them at (765) 684-4355 for a free consultation on your case, and get the personal, individualized, competent legal advice you need at this difficult time.