Facing an OWI Charge in South Bend. Here’s What You Need to Know

If you or a loved one is facing an OWI (Operating While Intoxicated) charge in South Bend, you likely have questions about what happens next. At Wilson & Kinsman, LLC, we understand how overwhelming and stressful this experience can be. Below, we answer some of the most common questions about OWI charges in Indiana so you can better understand your rights and options.

What Is an OWI in Indiana?

In Indiana, OWI stands for Operating While Intoxicated. This charge applies when someone operates a vehicle with a blood alcohol concentration (BAC) of .08% or higher, or while under the influence of alcohol, drugs, or a combination of both that impairs their ability to drive safely.

You can also be charged with OWI if you have any detectable amount of a Schedule I or II controlled substance in your blood, even if your driving wasn’t impaired at the time.

What Are the Penalties for a First-Time OWI?

A first-time OWI in Indiana is typically a Class C misdemeanor, but penalties can vary depending on the circumstances. You may face:

• Up to 60 days in jail
• Up to $500 in fines
• License suspension for 90 days to 2 years
• Mandatory substance abuse education or treatment

If your BAC is .15% or higher, or if you had a passenger under 18 in the vehicle, the charge may be elevated to a Class A misdemeanor or even a felony.

Will My License Be Suspended After an OWI Arrest?

Yes. Indiana law allows for an administrative license suspension even before your case goes to court. If you refuse a chemical test, your license could be suspended for one year (or two years if you have a prior OWI refusal). If you fail a chemical test, your license may be suspended for 180 days.

However, you may be eligible for specialized driving privileges that allow you to drive to work, school, or medical appointments during your suspension.

Can I Fight an OWI Charge?

Absolutely. While OWI charges are serious, they are not unbeatable. A skilled defense attorney can evaluate the evidence against you, including:

• Whether the traffic stop was lawful
• If the field sobriety tests were properly administered
• Whether the breath or blood test results are accurate
• Any violations of your constitutional rights

At Wilson & Kinsman, LLC, we analyze every detail to develop a defense strategy tailored to your case.

How Long Will an OWI Stay on My Record?

In Indiana, an OWI conviction stays on your record indefinitely unless you seek an expungement. First-time misdemeanor OWI convictions may be eligible for expungement after five years, while felony OWIs may require a longer waiting period and stricter eligibility requirements.

Will I Have to Go to Court?

Most OWI charges require at least one court appearance. Depending on your case, you may be able to resolve the matter through a plea agreement, or you may choose to fight the charges at trial. An attorney can help you understand your options and represent you at every step.

Do I Really Need a Lawyer for an OWI?

Yes. An OWI conviction can have long-term consequences, including a criminal record, higher insurance premiums, employment issues, and license suspension. A knowledgeable attorney can help reduce or dismiss the charges, negotiate favorable plea agreements, and fight to protect your future.

Arrested for OWI? Contact the South Bend OWI Lawyers at Wilson & Kinsman, LLC Today

Consequences of an OWI charge can be serious, but with the right legal guidance, you may be able to minimize the impact on your life. At Wilson & Kinsman, LLC, we’re committed to protecting your rights and guiding you through every step of the legal process. Call the South Bend OWI lawyers today at 574-522-1900 or contact us online to schedule a free consultation. Located in Elkhart and South Bend, Indiana, we serve clients in Marshall, LaGrange, Kosciusko, LaPorte, Porter, Lake, Noble, Whitley, Elkhart, and St. Joseph.