Operating a vehicle while intoxicated (OWI) charges are common. Some drivers get arrested because they fail chemical tests after collisions. Others encounter police officers while driving and end up arrested after a traffic stop.
Many people think that the best solution when facing OWI charges is to plead guilty to those pending allegations. They may hope to avoid the public spectacle of a criminal trial or might believe that the courts could sentence them favorably because they cooperate.
However, the sentence imposed after an OWI conviction has to conform to Indiana’s sentencing rules. Depending on a driver’s prior record, they may be at risk of a number of different serious penalties after an OWI conviction.
What penalties does the law permit?
Assuming that there are no aggravating factors such as injuries to other people, the penalties an OWI offense carries depend on the prior record of the driver. Those with previous convictions are at risk of more serious penalties.
A first OWI conviction can lead to various penalties. The courts can impose fines of up to $5,000, in addition to court costs and fees. The defendant may have to serve up to a year in jail. They could lose their license for up to two years, and may also need to attend a substance abuse education course.
A second OWI carries even more serious penalties. The fine increases to up to $10,000. The driver’s license suspension increases to a mandatory minimum of 180 days, and the courts could imprison the driver for up to three years.
A third OWI has the same maximum fine and jail sentence. However, the license penalties increase to a minimum of one year’s suspension that could last for up to 10 years. The state can also sentence the driver as a habitual traffic offender, which could add between one and eight years to the jail sentence possible.
Although people tend to assume convictions are a given in an OWI, drunk driving charges can be successfully defended. Reviewing the state’s evidence with a skilled legal team is critical for those facing Indiana OWI charges. A proper defense might help a driver avoid the expenses, jail time and license consequences that come with a conviction.