Indiana Drunken Driving ∙ Losing Your Driver's License
Whether it is your first offense and your BAC test was .08, or it is your third offense and your BAC tested at .28, for many people the loss of their driving privileges is the most serious consequences, like imprisonment and loss of driving privileges. In Indiana, a second or subsequent OVWI conviction results in mandatory jail time. Any conviction for OVWI will result in a license suspension. When you can't drive, it's hard to get to your job. When you can't drive, you need to rely on public transportation or the kindness of friends and relatives to get around.
At Cruz and Bibbs P.C., located in Indianapolis, you will find experienced and skilled criminal defense attorneys who have represented hundreds of clients charged with driving while under the influence of drugs or alcohol.
We are lawyers who understand that if you were charged with a DWI (Driving While Intoxicated), which in Indiana is technically an OVWI (Operating a Vehicle While Intoxicated), you most likely are concerned about three things:
- Staying out of jail
- Retaining your driver's license
- Minimizing financial considerations (fine, penalties and costs)
While on the bench as a Master Court Commissioner for Marion County, Israel Nunez Cruz presided over one thousand OVWI cases, including trials and jury trials.
OWI Indianapolis Defense Attorneys
A drunken driving charge has two components: the criminal charge from the state of Indiana, and the driver's license suspension, which is enforced by the Indiana Bureau of Motor Vehicles. The BMV rules in Indiana are complicated with a variety of timelines. Missing a deadline or the improper filing of paperwork can affect your right to drive. With a skilled criminal defense lawyer, a hardship or probationary license is a viable option for some clients.
An OWI defense can be complicated by a number of factors.
- Habitual offenders: An HTV (habitual traffic violator) is at increased risk of losing his or her driver's license for an extended period of time.
- Habitual substance charge: Those with multiple substance abuse charges are at increased risk for jail time and BMV consequences.
- Enhancements: If you are charged with an OVWI within 5 years of your last conviction, you are subject to an enhanced charge which may lead to jail time if convicted.
- Probable cause: If there was not a probable cause for the traffic stop, it may be possible to file a motion to suppress.
- Blood alcohol content: A blood alcohol level of .15 or higher, whether administered by a Breathalyzer or blood test, carries higher minimum penalties.
If you are in Marion County or the surrounding area, and have an OWI charge, contact Cruz and Bibbs P.C. to protect your rights and receive advocacy to help you seek to avoid jail and minimize the consequences. Call 888-351-9386 to schedule an initial consultation.
