Facing an OWI Charge in South Bend

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.

Give us a call!

574-522-1900

Testimonials

Read what our former clients have to say:

Fought my case relentlessly

This law firm fought my case relentlessly for two years to get the settlement that I was seeking.

C.A.

Honest and professional

I was charged with an OWI in Elkhart County and Eric was my first call. He was very helpful and personable throughout the entire process. I certainly appreciated his honesty and professionalism. Eric is definitely well experienced in handling these matters. Thanks to his help and guidance, we were able to have all of our necessary steps done before going to court that helped to retain driving privileges. The judge even remarked at how well the case had been managed during the hearing. With Eric’s help, I was able to obtain specialized driving privileges very promptly. I am still able to tend to my life’s responsibilities and my work. I would highly recommend Eric to anyone else needing help with OWI/DUI charges.

anonymous

Went out of their way to help me with my case

Tom Wilson and his team went out of their way to help me with my case. I had different attorneys throughout the 4.5 years, Tom and the team picked up and finished my case at awesome time. Thank you Tom and your team are very awesome!!!!!

L.S.

Incredibly thankful

I would like to first give thanks to Eric Kinsman for all he has done for me. I got a criminal mischief charge and was facing a year in jail, this is because I have a past that didn’t look good on me. The prosecutor was determined to get me jail time which gave me high stress, it’s been a long 6 months. What Eric did behind the scenes was incredible not only did he keep me informed on everything the whole time dealing with this case, he also managed to talk the prosecutor into giving me good behavior for a year. I didn’t think there was a chance in the world to make this happen but with the great knowledge he carries he seen things most would have not in this case. He was determined to keep me out of jail and off papers. I’m incredibly thankful to have chosen him as my attorney in this case.

N.W.

5 stars from start to finish

5 Stars from start to finish – Tom is real and knew exactly what to do to navigate through the obstacles and achieve the best outcome in my case. He got it done, well-done, but more importantly, time and again, Tom and his team demonstrated that they possessed the empathy, foresight, professionalism, and organizational capability to make the difference I needed as they managed my case to a successful conclusion. The team at Wilson Law were attentive and supportive, the terms were fair and affordable, the relationship was forthcoming and they enabled me to confidently understand and manage my own role in my own case.

M.L.

Eternally grateful to Eric Kinsman and his staff

Eric Kinsman is a kind, professional, and compassionate lawyer who saved our lives when we were falsely accused. We were terrified, confused, and stunned by the situation and he gave us guidance and help in the most stressful moment in our lives. He knows how to break down the game plan in easy to understand language so you know what is going to happen and you don’t feel disconnected or unsure of what is happening. He is very talented and knowledgeable and knows how to work with the prosecutor and really help his clients through the whole process. You’re not a number in Eric’s office – you’re a person and his staff treats you that way too. I will be eternally grateful to Eric Kinsman and his staff and their kindness and compassion.

L.M.

A man of utmost integrity

Tom is very kind and personable. He is a great attorney to work for and work with. He is a man of the utmost integrity and is forthright in his practice. I would confidently recommend his legal services to any person I cared about.

Kayla Christofeno

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