What Happens After a First-Time OWI in South Bend?

An arrest for operating a vehicle while intoxicated (OWI) in South Bend can bring unexpected and lasting consequences. Indiana takes impaired driving seriously, and local courts have a defined process for handling these cases. If you are facing this charge, it is important to understand what typically follows an arrest and what potential outcomes may be expected.

What Is Considered an OWI in Indiana?

In Indiana, OWI refers to operating a vehicle while under the influence of alcohol, drugs, or a combination of both. A driver may be charged if their blood alcohol concentration (BAC) measures 0.08 percent or higher. Charges may also apply if the individual is impaired to the point of not being able to operate a vehicle safely, regardless of BAC.

Indiana law also includes provisions for higher penalties if the driver’s BAC is 0.15 percent or higher or if there is a passenger under age 18 in the vehicle.

What Happens Immediately After the Arrest?

Following an OWI arrest, the driver is typically taken into custody. The vehicle may be impounded, and the person may be held in jail until a bond is posted or a hearing is scheduled. At the time of arrest, the officer usually issues a probable cause affidavit that outlines the reason for the stop and the results of any chemical testing or field sobriety tests.

A license suspension may be triggered automatically if the driver either fails a chemical test or refuses to take one. This suspension is typically handled through the Indiana Bureau of Motor Vehicles (BMV) and is separate from the court case.

What Penalties May Apply for a First Offense?

Penalties for a first OWI conviction in Indiana depend on several factors, including BAC level, whether there was an accident, and whether any aggravating circumstances were present. A first-time offense without aggravating factors is usually charged as a misdemeanor.

A person convicted may face a fine of up to $5,000, a jail sentence ranging from zero to one year, and probation. Community service and mandatory alcohol education or treatment programs are often required. The court may also order the installation of an ignition interlock device on the driver’s vehicle, even for a first offense.

License suspension is also a common consequence. The suspension period reflects the BAC level and whether the individual refused chemical testing. Limited driving privileges may be requested, allowing for travel to work or medical appointments, but that is subject to court approval.

Can a First-Time OWI Be Dismissed or Reduced?

It is possible for an OWI charge to be dismissed or reduced to a lesser offense, such as reckless driving.  Potential defenses include whether the stop was lawful, how field tests were conducted, and whether any rights were violated during the arrest.

Plea agreements may also be discussed between the prosecution and defense. In some situations, a court may allow for participation in a pretrial diversion program, which could lead to the dismissal of charges after successful completion of treatment, education, and supervision requirements.

What Are the Next Steps After an Arrest?

After an arrest, a hearing date is typically scheduled, and the person charged must appear in court. It is important to prepare for the hearing by reviewing the details of the arrest and collecting any relevant documentation or witness information. Your legal team may evaluate the circumstances surrounding the stop, the conduct of the arresting officer, and the procedures used for testing.

The court will ultimately determine whether a plea agreement is accepted or if the matter proceeds to trial. Sentencing is typically handled at the conclusion of the process, unless a diversion or dismissal occurs.

Wilson & Kinsman, LLC: Skilled South Bend OWI Lawyers Who Protect Clients’ Rights

A first-time OWI can carry serious penalties and lasting consequences, and our South Bend OWI lawyers at Wilson & Kinsman, LLC can help you take informed steps toward addressing the charge. Call 574-522-1900, book online now, or submit a form for your 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.