OWI Attorney - South Bend, Indiana If you are charged with OWI (Operating While Intoxicated) in South Bend, Indiana, there may be far reaching consequences, including loss of driving privileges, jail time, and monetary fines. OWI (DWI) cases in Indiana are generally misdemeanor offenses, but the penalties in Indiana OWI (DUI) cases can increase dramatically when the BAC level is .15% or more. Contacting an assertive and knowledgeable OWI attorney can help you understand any defenses you might use in your case. South Bend, Indiana OWI Charges: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 Indiana driver's license by the Indiana BWM. Both of these actions can result in the suspension of your driving privileges in Indiana, it is important to not forget that there may be additional penalties to consider and each action must be handled separately. Indiana drinking and driving arrests result in the South Bend police officer selecting a choice of blood, breath or urine testing to determine the alcohol content of the person arrested for OWI. The person arrested for operating while intoxicated (OWI) in Indiana has no right to consult with an OWI defense lawyer before deciding whether or not to submit to the test. Administrative Hearing Pursuant to Indiana law, an individual has 10 days to request an administrative hearing from the Indiana BWM. If you fail to request a hearing within 10 days, your right to the administrative hearing is lost, and your Indiana driver's license is automatically suspended for the applicable statutory time frame. In order to maintain your right to an administrative hearing, it is important that you submit your request to the Indiana BWM within 10 days. OWI Penalties for First Time Offenders- Monetary Fines - The fine for a first time OWI offender is $500.00, plus court costs, up to $5,000.00.
- Time in Jail - A first time OWI offender will face 60 (SIXTY) days in jail, up to 1 year in jail.
Driving Privileges - An OWI conviction results in the suspension of driving privileges in Indiana for a minimum of 30 days up to two (2) years.Commercial Drivers - Commercial drivers are in violation of the OWI statute with a BAC (Blood Alcohol Content) level of 0.04. A first time Indiana OWI (operating while intoxicated) 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. |