Individuals arrested for an operating while intoxicated (OWI) offense are often very anxious about what comes next. Drivers taken into state custody after a traffic stop or a collision face a rocky road ahead.
They usually require guidance to ensure they navigate the upcoming legal procedures effectively and minimize the consequences they may face. Understanding what occurs after an OWI arrest can help people take appropriate steps to minimize their future consequences and increase their chances of exonerating themselves.
What happens after a drunk driving arrest?
Jailhouse intake
After arresting a driver for an OWI, police officers transport them to local holding facilities. During the intake process, the accused driver may be subject to a very invasive physical search to ensure that they do not bring weapons or contraband into state facilities. They may also need to provide biometrics, including fingerprints and photographs. They may then need to wait for the state to file charges. The judge who sees the driver at their initial appearance in court may release them on bond.
Typically, an administrative license revocation occurs automatically after an arrest, meaning that the accused party cannot drive until they take action. They may then wait weeks or even months for their next hearing in criminal court. Drivers need to prepare to enter a plea.
The possible penalties are the same regardless of whether the courts convict an individual or they plead guilty voluntarily. The penalties for a first OWI are more than a slap on the wrist. The state imposes a minimum jail sentence of 48 hours, but the courts could incarcerate a driver for up to a full year.
The defendant could also face $1,250 in fines, as well as court costs and surcharges. The convicted party must submit to a substance abuse evaluation and complete a drinking driver safety program. The state also revokes their driver’s license for between 180 days and one year.
Court proceedings
In some cases, drivers may apply for a temporary restricted license to regain their privileges after an administrative suspension for an OWI arrest. An attorney can help them pursue the permit they need to drive and ensure that they follow the right procedures to install an ignition interlock device in their vehicle.
After any hearings related to license matters, the defendant and their attorney may begin preparing for trial. This process involves reviewing the evidence that the prosecutor intends to present and looking at options for pretrial diversion or the dismissal of charges. Many defendants eventually negotiate plea bargains if they do not qualify for pre-trial diversion or the dismissal of their charges.
Drivers hoping to fight back against OWI charges need the guidance and support of an experienced criminal defense attorney. Reaching out to a lawyer as soon as possible after an arrest can help those facing first-time OWI charges secure the best possible outcome given their circumstances.