Arrested for drunk driving? Hire a lawyer immediately.

Drunk driving charges - or Operating While Intoxicated (OWI), as it is called in Indiana - have unique effects on a person's rights. The most serious consequence a defendant faces at the beginning stage of an OWI case is the suspension of his or her driver's license. In fact, the mere allegation of drunk driving or driving under the influence of an illegal drug, and the finding of probable cause by the court, is all it takes for a person's driving privileges to be suspended.

But an experienced attorney can help avoid that suspension.

Suspension Pending Trial

After an arrest, a defendant appears in court for an Initial Hearing, where he or she is informed of the charges filed, possible penalties, and the rights a defendant retains in any criminal case. This typically happens within 48 hours of arrest, or, if bond is posted, within days or a few weeks of release from jail.

Courts also will ask a person what they plan to do about a lawyer at the Initial Hearing. But in an OWI case, it is critical to already have an attorney hired and who can appear with you at the Initial Hearing.

Why?

Because if the court finds probable cause to believe the defendant drove drunk or under the influence of another illegal substance, the defendant's license can and will be suspended immediately.

What Can an Experienced Attorney Do to Help?

An experienced attorney can demand that the court stay - or postpone - the license suspension so that the defendant may petition for specialized driving privileges.

Specialized Driving Privileges

Specialized driving privileges (SDPs) are a court order that permits a person whose license may otherwise be suspended to drive for limited and specific purposes. When courts grant SDPs, drivers are routinely permitted to drive for purposes of work, medical needs, religious reasons, to transport their children to and from school, and the necessities of life, such as buying groceries or going to medical appointments.

Why Can't I Wait Until After the Initial Hearing to Hire a Lawyer?

You can. But you shouldn't.

The Initial Hearing is the only chance you have to keep your license valid while you wait on the court to decide whether to grant a petition for specialized driving privileges.

Indiana's statutes provide that once a request to stay the suspension is made at the Initial Hearing, the court must stay the license suspension for at least 10 days. This gives your attorney time to file a petition for specialized driving privileges, which requires specific and precise information to be provided to the court. As long as the petition is filed within that 10-day period, a defendant's license remains valid until a hearing can be held on the petition.

Without an attorney by your side to properly request a stay of your suspension, your license could be suspended for a month or longer while you wait on your case to resolve or for the court to decide whether or not to grant your request for SDPs. And if your case is one that takes a while to resolve, due to pending toxicology results or other reasons, your license can be suspended for up to six months (for a first time OWI) without a conviction ever being entered against you.

Hiring an attorney at the outset, before your Initial Hearing, is the best way to ensure you stay on the road and are able to get to work and other important places while you case is pending.

Any Other Reasons to Hire an Attorney Quickly?

Definitely. OWI cases involve significant discovery, including police body-worn camera and dashboard camera footage, police reports, toxicology results, and other critical information and data. Obtaining this information quickly can help resolve the matter in an efficient manner or inform you about strategic choices to be made, including whether to ask for a bench or jury trial (which requires a quick decision to be made), whether to ask the court to suppress any evidence in the case, and services to take before trial or guilty plea that could influence a prosecutor's plea offer or any sentence the judge might render.

Should I Hire Ahler & Robbins?

We sure think so.

Our attorneys have a combined 20 years of experience handling OWI cases. In fact, Alex spent a significant amount of time as a prosecuting attorney and working solely on drunk and drugged driving cases, making him as familiar with the ins and outs of OWI laws in Indiana as an attorney can be.

Between the two, Jacob and Alex have represented clients on the defense side in OWI cases in dozens of Indiana counties and have achieved quality results for clients that range from obtaining fully suspended sentences in felony OWI cases, bench trial wins, and obtaining SDPs on day one and helping clients avoid even a single day without the ability to drive.

If you are facing OWI charges, call Ahler and Robbins at 765-588-5608 and learn how their experience can be your guide through the case.