If you are arrested for Operating While Intoxicated (OWI), you will be asked to consent to a chemical breath test to determine your blood alcohol level. You need immediate legal advice, because your license will be ordered suspended while your case is pending. If you have a blood alcohol level of .08 or greater, your driving privileges will be suspended by the bureau of motor vehicles (BMV) for 180 days or until the charges have been disposed of. If you refuse to give a breath sample, your driving privileges will be suspended for one year (or 2 years if you have a previous OWI).

Even if you failed a breath test, aggressive legal action may be able to get you back on the roads within 30 days, with a probationary license. A probationary license allows you to drive for employment related purposes. If you refused a chemical test, you may be eligible to reduce the suspension of your license by installation of an ignition interlock device.

If you are convicted of OWI, the Court will order your license suspended as follows:

• No prior convictions. If you do not have a prior conviction for OWI, you will face a license suspension of 90 days to 2 years. However, you may be eligible for a probationary license, to drive for employment purposes, after a 30 day suspension.
• Prior conviction more than 10 years ago. If you have a prior conviction for OWI that was more than 10 years ago, your license will be suspended from 90 days to 2 years.
• Prior conviction less than 10 years ago. If you have a prior conviction more than 5 years ago, but less than 10 years ago, your license will be suspended from 180 days to 2 years.
• Prior conviction less than 5 years ago. If you have a prior conviction for OWI within the previous 5 years, your license will be suspended for 1 to 2 years.

It is crucial to obtain an attorney immediately if you are charged with OWI, because your license will be suspended while your case is pending. Aggressive action could restore your driving privileges in as little as 30 days.