Operating while intoxicated - the Indiana phrase for the criminal offense most commonly referred to as DUI, or driving under the influence - is unique in the criminal justice system because of the great effect that even being charged with the offense can have on a person's rights.

The most serious consequence a defendant faces at the outset is the suspension of his or her driver's license.  The mere allegation of drunk driving or driving under the influence of a controlled substance, and the finding of probable cause by the trial court, is all it takes for the defendant's driving privileges to be suspended.

But the suspension can be avoided with the help of an experienced attorney.

How the Court suspends the driver's license.

After an arrest, a defendant appears in court for an Initial Hearing, either days or weeks after posting bond or within 48 hours of arrest if still incarcerated. There, after having found probable cause to support the arrest and filed charges, the Court informs the defendant of his or her rights, informs the defendant of the charges, and advises the defendant of the range of possible penalties for each charge.

At the Initial Hearing, the court also inquires as to what the defendant plans to do about counsel - whether they will hire an attorney or ask for a public defender to be appointed.  But in OWI cases, it is critical that the defendant already have an attorney hired who appears at the attorney with them. 

This is because at the Initial Hearing, the court will also announce a finding of probable cause to suspend the defendant's license effective immediately.

So what can the attorney do for me?

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

What are specialized driving privileges?

Specialized driving privileges (SDPs) are mechanism by which a person whose license is suspended may be permitted to drive for limited and specific purposes. When courts grant SDPs, drivers are routinely permitted to drive for purposes of work, medical needs, religious purposes, to transport their children to and from school, and for the necessities of life, such as to buy groceries or pick up prescriptions.

Why is it critical to have the attorney with me at the Initial Hearing?

Because it is the only chance to keep your license valid while you wait on the court to decide whether to grant a petition for specialized driving privileges

Indiana statues provide that once a request to stay the suspension for the purposes of filing a petition for SDPs is made, the court must stay the license suspension for at least 10 days. Then, as long as a petition for SDPs is filed within that period of time, the suspension must remain stayed until the court holds a hearing on the SDP petition (which must occur within 30 days of the filing).

Without an attorney by your side to properly request the suspension stay, your license may be suspended for at least a month, if not much longer, while you wait on your case to resolve or for the court to decide whether to give you specialized driving privileges. And if your case is one that takes considerable time to resolve, your license could be suspended for six months without a conviction even being entered against you.

Hiring an attorney is the best way to ensure that you stay on the road, able to get to work and other important places, while your case is pending.

Are there other reasons I should hire an attorney quickly if charged with drunk or drugged driving?

Absolutely. OWI cases an involve significant discovery, including police officers’ body-worn camera footage, video from dashboard cameras, police reports, important policies set forth by NHTSA, lab results, and other critical information. Obtaining this information early can help quickly resolve the matter or inform you about strategic choices to make, including whether to ask for a bench or jury trial, whether to file a motion to suppress the evidence collected in the case, and services to undertake that could influence the prosecutor to offer a more favorable plea or the judge to render a more favorable sentence if convicted.

What can attorney Alex Robbins do for me?

Alex is well-versed in OWI cases. He spent a significant amount of time as a prosecuting attorney working solely on drunk and drugged driving cases and is as familiar as it gets with the ins and outs of OWI laws in Indiana.

He also has experience in several counties representing clients charged with OWI and related offenses and has achieved results for clients that include fully suspended sentences for felony convictions and obtaining specialized driving privileges that have kept clients from spending a single day without the ability to drive.

If you are facing charges for operating while intoxicated, operating with an illegal blood alcohol content, or operating with a controlled substance in the body, call today and Alex help keep you on the road.