When faced with a felony DUI charge, it is crucial to hire an experienced and knowledgeable defense lawyer. A felony DUI conviction can result in significant penalties, including jail time, hefty fines, and loss of driving privileges. An experienced DUI lawyer will know how to navigate the criminal justice system and will fight for the best possible outcome for their client. In addition, a lawyer can help to investigate the circumstances surrounding the arrest and build a strong defense. If you are facing a felony DUI charge, do not hesitate to contact a Carmel Felony DUI Defense Lawyer. We have experience in handling various types of felony cases for DUI incidents in Carmel, IN, and will do our best to reduce or even drop the charges against you. Get in touch with us today to discuss your case, so we can start with the legal proceedings as soon as possible.
Can I Be Charged with a Felony DWI in Indiana?
In Indiana, driving while under the influence of alcohol or drugs is a serious offense that can lead to felony charges. To be charged with a felony DWI, a person must have a prior conviction for DUI on their record. If they are convicted of a second DUI offense, they will be charged with a felony. In addition, if a person is found to be driving under the influence with a passenger under the age of 18 in the car, they will also be charged with a felony. Felony DWI charges come with stiffer penalties, including jail time and large fines. If you have been charged with DWI in Indiana, it is important to contact an experienced attorney who can help you defend your rights and ensure that you receive a fair trial. We will look into the matter and see if you were charged with any of the following cases that would lead to a felony charge:
- If someone was seriously injured or you had killed someone while under the influence of alcohol or other drugs.
- If there was a minor in the vehicle and you were under the influence.
- You were convicted the second time within a span of seven years from your first offense.
What is Considered a Felony DUI in Indiana?
There are three situations in Indiana that are considered felony DUI.
- The first is when a driver causes bodily injury to another person or kills someone while operating a vehicle under the influence of drugs or alcohol.
- The second is when there is a child under the age of 18 in the car and the driver is under the influence of alcohol or drugs.
- The third is when a driver has been previously convicted of two or more DUI offenses within seven years and injures someone while driving under the influence.
Each of these situations is considered a felony offense and can result in significant penalties, including prison time. If you think that you have been wrongly charged or there is a chance to reduce the punishment, you shouldn’t waste time contacting us. Our experienced DUI lawyers can help you navigate the legal process and protect your rights.
What is a Habitual DWI Felony Charge?
A habitual DWI felony charge is a term used in the United States to describe the crime of driving while intoxicated (DWI), which is classified as a felony in Indiana, after having been convicted of the same offense four or more times. In Indiana, for example, a person can be charged with a habitual DWI felony if they have been convicted of DWI three times before and are then arrested for DWI a fourth time within a 10-year period. If convicted of a habitual DWI felony, the offender can face a minimum jail term of one year depending on the severity of the situation. Unlike in other cases, a habitual DWI felony charge in Indiana cannot be suspended. This means if you get a jail term of one or more years, it will be impossible to revoke or reduce the charges. Additionally, you will also have to go through a substance abuse program while serving in jail.
What Other Felony DUI Charges Could I Face?
If you are charged with a DUI case in Indiana, you may also be charged with other offenses, depending on the circumstances. The most common additional charge is driving with a blood alcohol content (BAC) above the legal limit. This offense is typically charged as a misdemeanor, but it can be upgraded to a felony if you have multiple prior DUI offenses. Here are some of the other felony DUI charges that you may face:
- You were caught the second time for a DUI offense within 7 years of your previous case.
- Your age is at least 21 and already had a DUI offense with a minor in the car. Your case will be a felony charge if you were driving the vehicle with a BAC level of at least .15. You were driving the car after consuming a Schedule I or Schedule II controlled substance. Even the metabolite of those controlled substances in your blood may result in a felony charge. You were driving the vehicle in a way that would harm a person.
- You were driving under the influence of alcohol, drugs, or Schedule I or II controlled substances and caused the death of a law enforcement animal and your BAC level was .08 or more.
Felony death by vehicle
In Indiana, a person can be charged with felony death by vehicle if they cause the death of another person while operating a vehicle in a reckless or dangerous manner. This offense is usually charged as a Level 4 felony, which carries a maximum sentence of eight years in prison. However, if the defendant has a prior conviction for operating a vehicle while intoxicated, the offense will be charged as a Level 5 felony, which carries a maximum sentence of 20 years in prison. In either case, the offense is punishable by up to $10,000 in fines.
Misdemeanor death by vehicle
Misdemeanor death by vehicle is defined as causing the death of another person while driving recklessly. This offense is classified as a Level 4 felony, which carries a potential sentence of up to six years in prison. The penalty for this offense can be enhanced if the offender has a prior conviction for operating a vehicle while intoxicated. In such cases, the penalty may be increased to a Level 5 felony, which carries a potential sentence of up to twelve years in prison. If you have been charged with misdemeanor death by vehicle in Indiana, it is important to seek the advice of an experienced criminal defense attorney as soon as possible. Rathburn Law can help you understand the charges against you and the possible consequences of a conviction.
Felony serious injury by vehicle
Felony serious injury by vehicle in Indiana is defined as an injury that creates a substantial risk of death or that causes serious and permanent disfigurement or long-term impairment of bodily function. According to Statute IC 9-30-5-4, a person is held guilty if he causes serious bodily injury to another person while driving a vehicle. It is a Level 6 felony if the following happens:
- The driver is intoxicated.
- He has a BAC level of 0.08% or more.
- The driver is impaired by a Schedule I or Schedule II controlled substance.
As per Indiana law, felony serious injury covers the following:
- Extreme pain
- Substantial risk of death
- Serious permanent disfigurement
- Impairment of a body part or organ or protracted loss
- Loss of a fetus
Aggravated felony death by vehicle
You will be charged with aggravated felony death by vehicle in Indiana for the following circumstances:
- If you unintentionally cause the death of another person.
- If you were impaired by a Schedule I or Schedule II controlled substance while driving and it caused the death of another person.
- If you had a previous DWI conviction within seven years from the incident date.
Aggravated felony serious injury by vehicle
The circumstances for aggravated felony serious injury by vehicle are almost similar to aggravated felony death by vehicle.
- If you unintentionally cause a serious bodily injury to another person.
- If you were impaired by a Schedule I or Schedule II controlled substance while driving and it caused bodily injury to another person
- If you had a previous impaired driving condition within seven years from the incident date.
Contact A Carmel Felony DUI Defense Lawyer
If you have been charged with a DUI, you may be feeling panicked and uncertain about what to do next. The first step is to contact a qualified DUI defense lawyer who can help you navigate the legal process and protect your rights. DUI laws in Indiana are complex, and our experienced lawyers know how to challenge the prosecution’s evidence and build a strong defense on your behalf.
A DUI conviction in Carmel, IN can result in serious penalties, including jail time, probation, and the loss of your driver’s license. A skilled DUI defense lawyer from Rathburn Law will work tirelessly to get the best possible outcome in your case and help you avoid the most serious consequences. Don’t try to face the legal system alone; contact us at 317.671.8965 so that we can represent you and do our best to reduce the charges.