First Offense DUI

First Offense DUI Attorney in Fishers

30+ Years of Trial Experience. Your Case, Personally Handled.

An OWI arrest with no prior record is disorienting. Most people in this situation have never dealt with the criminal justice system, and the first few days matter more than they realize. I’m David Shircliff, and I’ve handled these cases personally since 1990, with more than 30 years of criminal defense work and over 180 jury trials as lead counsel. At Shircliff Law LLC, you get me from the first call through the final resolution. No associates, no handoffs.

Call (317) 936-3404 to schedule a free consultation. I offer virtual and in-person meetings, and I’m available to discuss your situation before you make any financial commitment.

Why a Solo Practitioner Makes a Difference in a First Offense OWI Case

At a multi-attorney firm, your case often moves through several hands before it reaches a courtroom. The attorney who evaluates your case may not be the one who argues your motions, and that attorney may not be the one who stands beside you at trial. I work differently. I build the strategy, I argue the motions, and I walk into the courtroom with you. That continuity matters when the facts of your case need to be understood by someone who has been there from day one.

My career has included thousands of cases from misdemeanors to murder. I served as Chief Public Defender of the Lawrence County Public Defender Agency from 2015 to 2020, leading an office that handled every appointed case from public intoxication to homicide. I also teach criminal defense as a faculty member at the National Criminal Defense College and as an adjunct professor at the Indiana University Robert H. McKinney School of Law. That background shapes how I approach every first offense OWI: I know the law, I know how prosecutors build these cases, and I know how to challenge them.

Clients have described my approach as “compassionately aggressive.” I won’t sugar coat what you’re facing, but I’ll fight relentlessly for the best possible outcome based on the facts of your case. I represent clients in Fishers, across Hamilton County, and throughout nine counties in Central Indiana. Payment plan options are available, and I’m flexible on fees.

Start Your Defense Today

The earlier you contact me, the more options may remain available. Virtual consultations are available.

Call (317) 936-3404 to reach Shircliff Law LLC directly. I can give you a straight answer about where your case stands.

What a First Offense OWI Charge Means in Indiana

Indiana uses the term OWI (operating while intoxicated) rather than DUI. Both describe the same offense, governed by Indiana Code 9-30-5. If you were searching for a first-offense DUI in Fishers, you’re in the right place.

A person can be charged with OWI under three conditions: operating a vehicle with a BAC of 0.08% or higher; operating with a Schedule I or II controlled substance in their system; or operating while actually impaired by alcohol or drugs, even if BAC is below 0.08%.

The Two Charge Tiers for a First Offense

Where your BAC falls determines which charge you’re facing:

Class C Misdemeanor (IC 9-30-5-1): BAC of at least 0.08% but less than 0.15%. Carries up to 60 days in jail and a fine of up to $500.
Class A Misdemeanor: BAC of 0.15% or higher, or if another person was endangered. Carries up to one year in jail and a fine of up to $5,000.

Indiana doesn’t impose a mandatory minimum jail term for a standard first offense. Courts often grant probation in place of incarceration, typically with conditions such as a substance abuse evaluation, a victim impact program, and community service.

License Suspension & Administrative Consequences

The Indiana Bureau of Motor Vehicles (BMV) handles license suspension on a track separate from the criminal case. An arrest with a BAC of 0.08% or higher can trigger an administrative suspension of up to 180 days. Indiana’s implied consent law makes submitting to a chemical test a condition of driving in the state; refusing a test results in an automatic one-year suspension.

Driving privileges may allow a suspended driver to travel to work, school, medical appointments, and court hearings under restricted conditions. An ignition interlock device is often required.

Special Circumstances

Two categories face stricter rules. Commercial drivers are subject to a 0.04% BAC limit; a first offense can result in a one-year disqualification from operating commercial vehicles. Drivers under 21 fall under Indiana’s zero-tolerance standard, which prohibits operating with a BAC of 0.02% or more.

What Sets Shircliff Law LLC Apart?

Clear Guidance. Strong Defense. Always on Your Side.

Over 30 Years Experience
With over 30 years of courtroom experience, David Shircliff brings unmatched legal insight to every case.
Honest, Relentless & Decisive
We tell you the truth, fight without hesitation, and act with purpose at every stage.
Won At Every Level
From local courts to federal appeals, we know how to win — and we’ve done it.
Hands-On Approach
We work with you one-on-one, staying hands-on through every phase of your case.

How I Defend a First Offense OWI in Fishers

Every OWI case turns on its own facts, but there are four lines of challenge I pursue in every case. What I find determines the strategy.

The Traffic Stop Itself

Police must have a lawful reason to pull someone over. If they lacked reasonable suspicion, evidence gathered after the stop, including BAC results and field sobriety observations, may be inadmissible. A motion to suppress improperly obtained evidence can be outcome-determinative.

Field Sobriety Test Administration

These tests are subjective. Results can be skewed by how instructions were given, uneven road surfaces, lighting conditions, the driver’s footwear, or underlying medical and physical conditions. I examine how each test was administered and whether the officer followed the required standardized protocol.

Chemical Test Reliability

Breathalyzers require proper calibration and certified operators. Blood draws require an unbroken chain of custody and correct handling procedures. Timing matters too: a BAC reading taken well after a stop may not accurately reflect the driver’s BAC at the moment of driving, which is a recognized and legitimate challenge in OWI defense.

Negotiation & Trial Readiness

I negotiate with prosecutors toward reduced charges, favorable plea agreements, or dismissal when the evidence supports it. And when going to trial is in your best interest, I’m ready. My willingness to go to trial isn’t a bluff. It’s a three-decade record.

One practical note: after an OWI arrest, don’t speak with law enforcement without an attorney present. Contact me as soon as possible. The administrative license suspension process runs on its own timeline with its own deadlines, separate from the criminal case, and acting early may preserve more options.

Where Your Case Will Be Heard: Hamilton County Courts

OWI charges from arrests in Fishers are heard at the Hamilton County Courthouse, where Hamilton County criminal proceedings take place. Under local filing rules, misdemeanor and Level 6 felony OWI cases (IC 9-30-5 matters) are typically assigned to Hamilton County Superior Courts 4, 6, or 7.

After an arrest, the court schedules an initial hearing where the judge explains the charges and sets conditions of release. This can happen quickly, which is one more reason early representation matters. I’ve been practicing in Hamilton County courts since 1990 and represent clients across all nine counties in Central Indiana.

What a First Offense Conviction Follows You With

The criminal penalties are only part of the picture. A first offense OWI conviction can raise insurance premiums significantly, surface on background checks for employment and housing, and create reporting obligations for licensed professionals in healthcare, law, education, and finance. In those fields, a licensing board can open an investigation based on a charge alone.

The long-term stakes are also structural. Indiana uses a seven-year look-back period. A second OWI within seven years of a first conviction is elevated to a Level 6 felony, carrying a mandatory minimum jail term and fines up to $10,000. Keeping a first offense at the misdemeanor level, or avoiding a conviction entirely, can help avoid that escalation path.

Under Indiana Code 35-38-9, a misdemeanor OWI is generally eligible for expungement five years after conviction if the statutory requirements are met. Cases involving serious injury or death may be ineligible. Avoiding a conviction in the first place can eliminate the need to rely on that option.

Contact Shircliff Law LLC Today

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