OWI Lawyer - Lafayette, Indiana If you are charged with OWI (Operating While Intoxicated) in Lafayette, Indiana, there may be major consequences, including fines, jail time, and loss of driving privileges. OWI (DWI) cases in Indiana are usually misdemeanor offenses, but the penalties in Indiana drinking and driving cases can increase dramatically when the BAC (blood alcohol content) is .15% or more. Contacting an accomplished and resourceful OWI criminal defense attorney can help you understand any defenses you might use in your case. Lafayette OWI Charges:Indiana OWI (operating while intoxicated) arrests result in the police officer in Lafayette selecting a choice of blood, breath or urine testing to determine the alcohol content of the person arrested for OWI. The person arrested for OWI (operating while intoxicated) in Indiana has no right to select the test, nor any right to consult with an OWI defense attorney before deciding whether or not to submit to the test. Under Indiana law, once you have been cited for violating the OWI statute, the state initiates two simultaneous, yet separate legal actions against you. The Criminal Action is in response to the ticket that was issued to you, while the Administrative Action is brought against your driver's license by the Bureau of Motor Vehicles. While both actions can result in the loss of your driving privileges in Indiana, it is important to not forget that there may be other penalties to consider and each action must be handled separately. Administrative Hearing Pursuant to Indiana law, an individual has 10 days to ask for an administrative hearing from the Bureau of Motor Vehicles. If you fail to ask for a hearing within 10 days, your right to the administrative hearing is lost, and your driver's license is automatically suspended for the applicable statutory time frame. In order to preserve your right to an administrative hearing, it is imperative that you submit your request to the Bureau of Motor Vehicles within 10 days. OWI Penalties for First Time Offenders- OWI Chemical Test Refusal - If you refuse to submit to a test when requested by police, it will result in the loss of driving privileges in Indiana for 1 (ONE) year.
OWI Subsequent Offenses Penalties are increasingly more severe for any additional OWI (DWI) violations. Due to the complexity of Indiana OWI (DWI) laws, you may not be aware of your rights and the potential defenses available to your case. Because of this, an accomplished and resourceful criminal defense attorney can help you through the entire OWI (DWI) process. Please contact a Lafayette, Indiana OWI criminal defense attorney for a fast, free consultation. Deferment - Deferment is only available to first time OWI offenders in Lafayette, Indiana. This option dismisses the OWI charges against the offender, provided that the offender completes an alcohol evaluation and treatment program successfully.Jail Time - A first time OWI offender faces 60 days in jail, up to 1 (ONE) year.OWI Driving Privileges - An OWI conviction results in the loss of driving privileges in Indiana for a minimum of 30 days up to two (2) years.Monetary Fines - Fines for a first time OWI offender in Lafayette, Indiana is $500, plus court costs, up to $5,000.Commercial Drivers - Commercial drivers are in violation of the OWI statute with a Blood Alcohol Content (BAC) level of 0.04. A first time Indiana drinking and driving conviction will result in the loss of the commercial driver's license for 1 year, while any subsequent OWI offenses will result in a lifetime loss of the commercial license.OWI Subsequent Offenses Penalties are increasingly more severe for any additional OWI (DWI) violations. Due to the complexity of Indiana OWI (DWI) laws, you may not be aware of your rights and the potential defenses available to your case. Because of this, an accomplished and resourceful criminal defense attorney can help you through the entire OWI (DWI) process. Please contact a Lafayette, Indiana OWI criminal defense attorney for a fast, free consultation. Contacting an assertive and skilled OWI criminal defense attorney can help you fully understand your case and the charges against you. |