To Meet With One Of Our Attorneys,
Give Us A Call At

To Meet With One Of Our Attorneys, Give Us A Call At – 260-424-0600
Myers & Wallace, LLP logo

DUI 1st Offense

Home » Criminal Law » DUIs » DUI 1st Offense

Strong Criminal Defense Solutions

A first-time DUI arrest is stressful and often overwhelming. In Indiana, a first offense of driving under the influence—also known as Operating While Intoxicated (OWI)—is usually charged as a misdemeanor. Penalties vary based on factors like blood alcohol levels and license type. You may face license suspension, fines, probation, court-ordered programs, and a criminal record, even if you’ve never been in legal trouble before.

Myers & Wallace, LLP helps first-time DUI clients across Indiana understand their rights and fight for the best possible outcome. The right defense strategy can protect your record, your freedom, and your future. If you’ve been arrested for OWI, contact us today to find out how our Indiana DUI 1st offense attorneys can help.

What to Know About a First-Time DUI/OWI in Indiana

OWI involves operating a vehicle while under the influence of alcohol, drugs, or any substance that impairs your ability to drive safely. Under Indiana law, a person commits an OWI offense by driving with a blood alcohol concentration (BAC) of 0.08% or higher. This is a per se violation: the BAC level alone is enough for a charge, even if the driver does not appear impaired.

Drivers under 21 can face charges with a BAC of just 0.02%, and commercial drivers are subject to a 0.04% limit when operating a commercial vehicle.

Not all OWI charges involve alcohol. Indiana law also prohibits driving under the influence of controlled substances, including marijuana, prescription drugs, and over-the-counter medications that cause impairment. In these cases, officers often rely on field sobriety tests, drug recognition evaluations, and observed behavior rather than chemical test results. This type of charge is known as an impairment-based DUI.

Finally, a “first-time DUI” means the driver has no prior OWI convictions within the last five years. Even if someone was previously arrested but not convicted, or if a conviction occurred more than five years ago, the court may treat the current charge as a first offense. That classification can affect how the case proceeds and which penalties apply if a conviction occurs.

Immediate Consequences After a DUI/OWI Arrest

If you’re arrested for an OWI, some consequences take effect before your case ever reaches a courtroom:

  • Your license will be suspended (you may qualify for specialized driving privileges).
  • If you fail a chemical test (blood, breath, or urine), the arresting officer will usually take your driver’s license on the spot.
  • If you refuse to take a chemical test, your license will be automatically suspended for one year. Refusal also disqualifies you from receiving specialized driving privileges during the suspension period.

 

Law enforcement may have your vehicle towed and impounded at your expense. This usually happens when no other licensed driver is present or if the arrest involved aggravating circumstances like an accident or very high BAC.

You’ll be scheduled for an arraignment shortly after your arrest. During this hearing:

  • The court formally reads the charges against you.
  • The judge advises you of your rights.
  • Bond is set or reviewed. Conditions of release may include alcohol monitoring, check-ins, or restrictions on travel or alcohol consumption.

 

These consequences can interfere with work, school, and family responsibilities right away. Hiring an experienced OWI defense lawyer can protect your rights, preserve your ability to drive, and help you prepare for the hearings ahead.

Penalties for a First-Time DUI/OWI Conviction

A first-time OWI conviction is usually a misdemeanor. Whether you’re charged with a Class C or Class A misdemeanor depends on several factors:

  • A Class C misdemeanor is for standard first-time offenses involving a BAC of 0.08% to 0.14%. This carries up to 60 days in jail.
  • A Class A misdemeanor may apply if your BAC was 0.15% or higher or if you operated a vehicle in a way that endangered others. This level carries up to one year in jail.

 

Aggravating factors also include:

  • A minor was in the vehicle at the time of arrest
  • DUI resulting in injury or accident (may result in felony charges)
  • Prior convictions

 

In addition to jail time, you could face:

  • Up to $500 in fines for a Class C misdemeanor.
  • Up to $5,000 in fines for a Class A misdemeanor.
  • Mandatory completion of an alcohol or drug assessment, with treatment or education programs required based on the results.
  • Probation, often including conditions like abstaining from alcohol and reporting to a probation officer.
  • Community service hours, assigned by the court as part of sentencing.
  • A mandatory license suspension ranging from 90 days to two years, depending on whether you failed or refused chemical testing and other factors.
  • Ignition interlock device (IID) installation, especially in cases involving high BAC or other aggravating factors.

 

Fortunately, a charge is not a conviction. A strong legal defense from the team at Myers & Wallace, LLP may help reduce or avoid many of these outcomes.

Can You Avoid Jail for a First DUI/OWI in Indiana?

Many first-time DUI offenders in Indiana avoid jail time. Courts have the discretion to consider alternative sentencing options. Local prosecutors often work with defense attorneys to avoid incarceration while holding offenders accountable.

Common alternatives to jail for a first DUI may include:

  • Suspended sentences: Judges may impose a jail sentence but suspend all or part of it, meaning you won’t serve time if you comply with court-ordered conditions.
  • Probation with treatment conditions: You may be placed on probation and required to complete an alcohol or drug assessment, attend education or treatment programs, and avoid further legal trouble.
  • Community corrections or home detention: Some jurisdictions allow electronic monitoring or home detention instead of jail time. These programs allow you to continue working or caring for your family while serving your sentence at home.

 

In many cases, defense attorneys negotiate with prosecutors to reduce or amend DUI charges. One common resolution involves reducing the charge to reckless driving. This charge avoids the mandatory penalties tied to a DUI conviction and may keep your record cleaner in the long run.

An experienced attorney from Myers & Wallace, LLP can help you understand which options may be available.

Why Choose Myers & Wallace, LLP to Defend Against OWI Charges?

Thanks to over 50 years of combined experience, Myers & Wallace, LLP has deep knowledge of Indiana DUI law and local courts. We don’t apply one-size-fits-all strategies: every client receives personal attention and clear guidance from day one. We communicate clearly, keep you informed, and fight for the best possible outcome in each case.

Our attorneys examine whether police had lawful grounds to stop your vehicle, if field sobriety and chemical tests were administered correctly, and whether those tests meet legal standards. If law enforcement violated your Constitutional rights or failed to follow required procedures, we fight to suppress evidence or dismiss the charges.

We negotiate aggressively with prosecutors to reduce or amend charges whenever possible—but we’re always ready to go to trial if necessary. If you’re a commercial driver, we can build defense strategies that protect your career and record.

Protect Your Rights with an Experienced Indiana Criminal Defense Attorney

Don’t face an OWI/DUI charge alone. Instead, let Myers & Wallace, LLP stand up on your behalf. Contact us today to discuss your case and your legal options with a compassionate DUI 1st offense attorney in Indiana.

Practice Areas
Contact Us