Understanding Charging Levels for OWIs in Indiana

When a person is charged with operating a vehicle while intoxicated (OWI) in Indiana, they can face charges that range from a Class C misdemeanor up to a serious felony offense. The way in which OWI cases are charged depends on the individual facts of the case, including the details surrounding the motorist’s intoxication, whether or not anyone was placed in physical danger or sustained physical harm, and the motorist’s history of OWI or related offenses. Regardless of whether you are facing a Class C misdemeanor or a Level 5 felony, our experienced Indianapolis OWI defense lawyers can assess your case and discuss your options for developing a strong defense. In the meantime, we can tell you more about the different charges for OWI offenses in Indiana.

Misdemeanor OWIs 

Generally speaking, an OWI is charged under Indiana law as a Class C misdemeanor when a person operates a motor vehicle with a blood alcohol concentration of 0.08 percent but less than 0.15 percent, or when a person has a Schedule I or Schedule II controlled substance in their body and operates a motor vehicle.

An underage OWI, meaning a situation in which a motorist under the age of 21 has a blood alcohol concentration of 0.02 percent or more, is charged as a Class C infraction.

The offense becomes a Class A misdemeanor, even for a first-time offense, “if the person operates a vehicle in a manner that endangers a person,” according to IC 9-30-5-2.

Felony OWIs

 When is an OWI charged as a felony offense? There are several different circumstances in which an OWI can be charged as a Level 6 felony under IC 9-30-5-3 and IC 9-30-5-4, including the following:

• Person has a previous OWI conviction that occurred in the five-year period preceding this OWI;
• Person had a passenger in their vehicle under the age of 18 at the time of the OWI offense;
• OWI results in serious bodily injury to another person and the OWI is a first offense; and/or
• OWI results in the death of a law enforcement animal.

An OWI can also be charged as a more serious Level 5 felony offense in certain circumstances, including when an OWI causes serious bodily injury and the motorist has a previous OWI conviction, and when the OWI results in the death of another person if the motorist has no history of OWIs and this is a first offense. An OWI that results in the death of another person can be charged as a more serious Level 4 felony if the motorist has a previous OWI conviction.

Contact an Indianapolis OWI Defense Lawyer Today 

Are you facing any type of OWI charges in the Indianapolis area? If you are convicted, even as a first-time offender, the consequences can be severe. Accordingly, it is essential to begin developing the strongest possible defense you can based on the facts of your case and your arrest. An experienced Indianapolis OWI defense attorney at Rigney Law LLC can speak with you today and can begin working with you on tailored defense strategies.

Sources:

statecodesfiles.justia.com/indiana/2016/title-9/article-30/chapter-5/chapter-5.pdf