I WAS ARRESTED A MONTH AGO FOR A OWI AND OWI PER SE BAC OF .21 FIRST OFFENSE WILL I HAVE TO SERVE ANY JAIL TIME?

Asked over 1 year ago - Indianapolis, IN

IT'S NOT MY FIRST TIME GETTING IN TROUBLE I WAS ARRESTED 9 YEARS AGO UNRELATED TO THESE CHARGES AND I DIDN'T SERVE JAIL TIME THEN I WAS PLACED ON PROBATION FOR 6 MONTHS. I KNOW THEIR HAVE BEEN NEW LAWS AND I'M JUST WORRIED BECAUSE I WANT TO APPLY FOR A HARDSHIP LICENSE BUT I FEEL LIKE IT COULD BE A WASTE IF I PAY FOR IT IF I'M INCARCERATED PLEASE HELP THANKS....

Attorney answers (3)

  1. Michael David Babcock

    Contributor Level 13

    1

    Lawyer agrees

    Answered . There are way too many unknown facts to answer this question. You must hire an attorney who handles OWI cases asap.

  2. Joseph Michael Roberts

    Pro

    Contributor Level 11

    1

    Lawyer agrees

    Answered . If you had a BAC of 0.21, you were likely charged with a Class A misdemeanor. The potential jail time for a Class A misdemeanor is 1 year. Whether you will actually serve any time would still be determined at the time of sentencing. A first offense OWI does not require mandatory jail time. Contact an attorney to represent you through this process. You may have defenses to assert. Also, your attorney may be able to negotiate an agreement which suspends all jail time. Good luck.

  3. Rock Christopher Lee

    Pro

    Contributor Level 8

    1

    Lawyer agrees

    Answered . If this is your first OWI charge ever, in Indiana or any other state, you should have been charged with a Class A misdemeanor. A Class A misdemeanor will result in a minimum jail sentence of 0 days up to a maximum of 1 year in jail. There are many factors, such whether there was an accident, whether there were injuries, etc., that are considered before determining whether a plea offer will include actual jail time. It is not outside the possibility to negotiate a plea agreement that does not include jail time. I would strongly recommend contacting a OWI defense attorney to assist you with your OWI charge.

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