Will I Lose My License After A DUI/OWI?
If you have been charged with a DUI/OWI in Indiana, and you do nothing, the answer is almost certainly yes. Defending a charge of Operating While Intoxicated is complex and has multiple parts. For most of my clients, work-related driving privileges are available during the pendency of their cases and even after their cases are complete.
The complexity of the laws and their procedures for helping people charged with DWIs to maintain their driving privileges mean few lawyers are as capable as I am. The vast majority of people charged and/or convicted of DWI can still get at least some driving privileges. It’s your right to have a lawyer who knows how to help.
At Moore & Associates PC, I have worked with thousands of drivers facing the risk of losing their license, and I know what you must do to prevent the loss of your driving privileges and minimize the threat an OWI poses to your driving record.
An OWI Is Really Two Charges
First, there is the criminal charge. This is the Indiana Code 9-30-5-1 Section that specifies the amount of alcohol in the blood that defines “intoxicated.” This charge can appear unwinnable, especially if the officer has a BAC reading from a Breathalyzer as evidence. But, like many things, appearances can be deceiving. There are constitutional and procedural rules that must be followed, and violations can make the evidence inadmissible. I can examine the arrest report to determine the problems with these procedures.
The Administrative Charge
Second, there is the administrative proceeding by the Bureau of Motor Vehicles (BMV). This is a separate, noncriminal matter, and if you do nothing, even with a first offense for OWI, your license will be suspended for 90 to 180 days.
If you are convicted for criminal OWI, you may then lose your license for an additional period of up to two years. The damage this can do to your life, even if you avoid jail time, is significant. Not being able to drive to a job or school, or to drive to a clinic or grocery shop for fulfilling basic necessities of life, is more than inconvenient. This can be enormously stressful and if your job involves driving, this may cost you your job and jeopardize your future.
If you call me immediately after your arrest, I can work to minimize these damaging effects, and potentially obtain a probationary license that can allow you to drive to work or school. However, depending on the facts and circumstances of your case, a probationary license may not be optimal for you. I can evaluate your situation and advise you on your options based on 30 years of experience with these cases.