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What Happens Immediately After a Drunk Driving Arrest?

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What Happens Immediately After a Drunk Driving Arrest?
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The flashing lights, the handcuffs, the cold metal bench at the county jail: few moments feel more frightening than a drunk driving arrest in Indiana. Your mind races about what will happen next, terrified of what will become of your license, career, and freedom. In those first stressful hours, fear can cloud your judgment, yet the choices you make right away will shape the outcome of your case.

The good news is that an arrest is not a conviction. With the right legal guidance, you can protect your rights and your future. At the Law Offices of Shane O’Donnell, we defend clients across Northwest Indiana against drunk driving charges, and we know how to build a strong defense from day one.

  • After a drunk driving arrest in Indiana, police book you, take your photo and fingerprints, and hold you until release or a bond hearing.
  • You face two separate cases: an administrative license suspension and a criminal court case.
  • You have a limited window to challenge your license suspension, often just a few days.
  • Criminal proceedings move through an initial hearing, pretrial conferences, and resolution by plea or trial.
  • A defense attorney can challenge the evidence and may get your charges reduced or dismissed.

What Happens During Booking and a Bond Hearing?

After an arrest for operating while intoxicated (OWI), officers transport you to the police station or county jail. This is the booking process, and it usually involves:

  • Recording your personal information
  • Taking your photograph and fingerprints
  • Searching you and storing your personal belongings
  • Holding you in a cell until release

First-time offenders without aggravating factors may be released fairly quickly, sometimes with a written notice to appear in court. In some situations, you will need to attend a bond hearing where a judge determines the conditions and amount required for your release. According to Indiana Code § 9-20-18-3, if you do not post bond, your vehicle may be impounded until the bond is paid or any fines and costs are satisfied, so you should be prepared to arrange for its retrieval later.

Resist the urge to explain yourself to the police during this time. Anything you say can be used against you. The smartest move is to stay calm and ask to speak with an attorney.

What Are the License Consequences After an OWI Arrest in Indiana?

Many people don’t realize that a drunk driving arrest triggers two separate legal processes. One is criminal. The other is administrative, and it deals directly with your driving privileges.

Under Indiana’s implied consent law, refusing a chemical test leads to an automatic license suspension: one year for a first refusal and two years for a second refusal within five years. This suspension applies whether or not a court ever convicts you. If you submit to testing and your blood alcohol content registers 0.08% or higher, you also face suspension.

Here’s the critical part. You typically have only a few days to request a hearing to challenge the suspension. Miss that deadline and you may lose your driving privileges without any chance to contest it. Acting fast matters.

What Is the Timeline of Court Proceedings in OWI Cases?

Once the criminal case begins, it moves through several stages. Knowing what to expect can ease some of the stress:

  • Initial hearing: The judge reads the charges, explains possible penalties, and may address your license.
  • Pretrial conferences: Your attorney and the prosecutor exchange evidence and discuss possible resolutions.
  • Status hearings: The court reviews progress and handles any scheduling or discovery issues.
  • Resolution: Your case ends either through a plea agreement or a trial.

The judge manages scheduling, but your defense attorney does the heavy lifting. They negotiate with prosecutors, advise you on your options, and protect your rights at every stage. The earlier you hire a lawyer, the more they can do to shape the result.

What Defense Options Can Reduce or Dismiss Charges?

An OWI charge is not a guaranteed conviction. These cases involve strict technical and procedural rules, and any misstep by law enforcement can work in your favor. A defense attorney will examine your case for opportunities such as:

  • Questioning whether the officer had a valid reason to stop your vehicle
  • Checking that field sobriety tests followed standardized procedures
  • Reviewing breath or blood test results for calibration and maintenance errors
  • Examining the chain of custody for chemical samples
  • Studying dashboard and body camera footage for inconsistencies

When the evidence is weak or the police made errors, charges can be reduced or even dismissed. In many cases, especially for first-time offenders, an attorney can negotiate diversion programs or alternative sentencing that protects your record and your license.

Protect Your Future Starting Today

A drunk driving arrest in Indiana sets two clocks ticking at once: one for your criminal case and one for your driving privileges. Booking, bond hearings, license suspensions, and court dates can pile up quickly, and the decisions you make in the first few days carry lasting weight. Remember that an arrest is only the beginning, and a strong defense can change everything.

Don’t face these charges alone. The Law Offices of Shane O’Donnell will review the details of your stop and arrest, fight to protect your rights, and work toward the best possible outcome. Contact us today for a confidential consultation and let us put our experience to work for you.

Protect Your Rights,
Freedom and Your
Future Now …
Call The Law Offices of
Shane O’Donnell Today
at (219) 213-2254.

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