Bloomington, Indiana OWI LawyerWhat happens if you are arrested for OWI in Bloomington, Indiana:Under current Indiana law, after you have been cited for violating the OWI statute, the state initiates two separate (yet simultaneous) legal actions. There is a Criminal Action in response to the ticket that was issued, and an Administrative Action brought against your driver's license in Indiana by the Indiana Bureau of Motor Vehicles. Both of these actions can result in the revocation of your Indiana driving privileges, it is important to not forget that there may be additional penalties to think about and each action must be handled separately. Indiana OWI (DWI) arrests result in the Bloomington police officer selecting a choice of blood, breath or urine testing to determine the alcohol content of the person arrested for OWI (DUI). The person arrested for drinking and driving in Indiana has no right to consult with an OWI criminal defense attorney before deciding whether or not to submit to the test. If you are arrested for OWI (Operating While Intoxicated) in Bloomington, Indiana, there may be serious consequences, including fines, jail time, and loss of driving privileges. OWI (DWI) cases in Indiana are usually misdemeanor offenses, but the penalties in Indiana OWI cases can increase dramatically when the Blood Alcohol Content (BAC) level is .15% or more. Contacting a competent and professional OWI defense attorney can help you understand any defenses you might use in your case. Administrative Hearing Pursuant to Indiana law, an individual has 10 days to file for an administrative hearing from the Indiana Bureau of Motor Vehicles. If you fail to file for a hearing within 10 days, you lose your right to the hearing, and your driver's license in Indiana is automatically suspended for the applicable statutory time frame. In order to keep your right to an administrative hearing, it is important that you submit your request to the Indiana Bureau of Motor Vehicles within 10 days. Penalties for First Time OWI Offenders- Time in Jail - A first time OWI offender will face 60 (SIXTY) days in jail, up to 1 year in jail.
- OWI Chemical Test Refusal - If you refuse to submit to a test when requested by law enforcement, it will result in the revocation of Indiana driving privileges for 1 (ONE) year.
- Driving Privileges - An OWI conviction results in the revocation of Indiana driving privileges for a minimum of 30 days up to two (2) years.
- Deferment - Deferment is only available to first time OWI offenders. This option dismisses the OWI charges against the person, provided that the offender successfully completes an alcohol evaluation and treatment program.
OWI Subsequent Offenses For any additional OWI violations, penalties are more severe. Due to the complexity of OWI (DWI) laws in Indiana, you may not be aware of all the options available to your case. This is why a competent and professional OWI defense attorney can guide you through this sometimes confusing process. Please contact a Bloomington, Indiana OWI defense attorney for a free DUI case evaluation. Commercial Drivers - Commercial drivers are in violation of the OWI statute with a BAC level of 0.04. A first time OWI conviction will result in the loss of the commercial driver's license (CDL) for 1 year, while any subsequent OWI offenses will result in a lifetime loss of the Indiana commercial license. |