First Offense OWI · Indiana
Your first OWI charge. Your first time in this system.
A first offense OWI in Indiana is usually a misdemeanor, and usually the case where the front end matters most. Free, confidential consultation.
- No prior record? Start here
- Former public defender
- Free, confidential consultation
- Diversion and pretrial options reviewed
Tell us what happened
Confidential. No obligation. Attorney Whalin reviews every message.
Why the timing matters
An OWI arrest starts two cases, not one.
Most of the people who call have never been arrested before. Project managers, nurses, contractors, and parents who made one decision on one night and have been replaying it ever since. Here is what is actually moving.
Track one
The criminal charge
Your first court date is the initial hearing
For a first-time offender this is unfamiliar territory, and it is also where diversion and pretrial alternatives are decided. Going in without a plan is the most common avoidable mistake.
Track two — moves faster
Your driver's license
A separate track, and it moves faster
A first offense does not protect your license from a separate administrative suspension. Raising driving privileges at your initial hearing can stay a suspension before it begins.
What you are facing
What a first offense OWI means in Indiana
A first OWI is usually a misdemeanor. The class depends on your alcohol concentration and the circumstances of the stop.
An alcohol concentration of at least 0.08 but less than 0.15 is a Class C misdemeanor. A concentration of 0.15 or higher is a Class A misdemeanor, as is operating in a manner that endangers another person. A charge becomes a Level 6 felony where there is a prior OWI conviction in the previous seven years, and a more serious felony where an OWI causes serious bodily injury or death.
Hiring a lawyer does not make you look guilty. Judges and prosecutors see represented defendants every day, and having counsel is simply how a serious matter gets handled. A failed breath test is evidence, not a verdict, and evidence comes with rules attached to it.
You will know what representation costs before you agree to anything. And you will not be lectured here.
The attorney on your case
You get Trampas Whalin.
Not an associate, not a case manager. He started out as a public defender, which is where trial lawyers learn the work: real cases, real hearings, and a close view of how the state builds a file.
More than fifteen years on, he has defended adults and juveniles across Indiana on everything from a first OWI to the most serious felonies, securing dismissals, diversion agreements, and not guilty verdicts at jury trial. He has lived in Noblesville since 2010, and your case will move through the same courtrooms, judges, and prosecutors he works with every week.
- Over 15 years of Indiana practice
- Former public defender Where trial lawyers learn the work
- President Hamilton County Bar Association
- Indiana Rising Stars Selected by Super Lawyers
- 10.0 rating Avvo
- Federal admissions N.D. and S.D. Indiana
The front end
Questions we ask in a first-time OWI case
A first offense case is usually shaped by what happened in the first hour, not the last hearing. These are the things we review first.
- Why you were stopped, and whether that reason holds up
- How field sobriety testing was conducted
- Whether the chemical test was administered within the window Indiana allows
- Whether the testing equipment was properly certified
- Whether the operator was properly certified
- Whether diversion or a pretrial alternative is available to you
- What the charge would do to your driving privileges
- What a conviction would leave on your record afterward
“Trampas was open and honest with me from the very beginning, giving me realistic expectations and opinions about the potential outcome of my case. He was focused and thorough. He represented me as though I were his only client.”
— Stephanie, Whalin Legal client
Every case is different. Prior results do not guarantee or predict a similar outcome in any future case, and no representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers. This client statement reflects one person’s experience and is not a promise of any particular result.
Common questions
Answered plainly
A first OWI is usually a misdemeanor. An alcohol concentration of at least 0.08 but less than 0.15 is a Class C misdemeanor, and 0.15 or higher is a Class A misdemeanor, as is operating in a manner that endangers another person. It becomes a Level 6 felony with a prior OWI conviction in the previous seven years, and a more serious felony where an OWI causes serious bodily injury or death.
No. Judges and prosecutors see represented defendants every day. Having counsel is simply how a serious matter gets handled. A failed breath test is evidence, not a verdict, and evidence comes with rules attached to it.
Diversion and pretrial alternatives are among the options we review in every first-time case. Whether one is available depends on the charge, your record, and the court. We will give you an honest read on where you stand before you commit to anything.
Consultations are free. Contact us today and we will discuss what you are facing and what representation would involve before you make any commitment.
We regularly appear in the Hamilton County courts in Noblesville and represent clients in Carmel, Fishers, Westfield, and Indianapolis. Attorney Whalin is admitted in Indiana state courts and in the United States District Courts for the Northern and Southern Districts of Indiana.
Attorney Trampas Whalin. Not an associate, not a case manager. You speak directly with the attorney handling your case from the first conversation.
Talk to the firm
A first charge is serious. It is also the one with the most room to work.
Whalin Legal represents clients in Noblesville, Carmel, Fishers, Westfield, Indianapolis, and courts throughout Indiana.
Call or send a message to schedule a free, confidential consultation. You will speak with the attorney who will handle your case.
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