Felony OWI Lawyer in Indianapolis
Science-Based Representation Throughout Central Indiana
A felony DUI/OWI charge represents one of the most serious traffic-related criminal allegations in Indiana. Unlike misdemeanor OWI cases, a felony OWI can permanently alter your freedom, career, and ability to drive.
Arrests often involve allegations of prior offenses, serious injury, or fatal consequences, placing you under intense legal pressure from the outset. Rathburn Law Office, P.C. represents individuals facing felony OWI charges throughout Indianapolis and Central Indiana, providing focused defense when the stakes are at their highest.
Schedule a free initial virtual consultation with our Indianapolis felony DUI/OWI attorney by contacting us online or at (463) 465-2401. Available 24/7.
What Is a Felony DUI/OWI in Indiana
In Indiana, an OWI offense may be charged as a felony under several circumstances, including:
- A prior OWI conviction within the past seven years
- OWI resulting in serious bodily injury
- OWI resulting in death
- Certain repeat-offense scenarios involving prior felony OWI convictions
Felony OWI charges are classified under Indiana’s felony levels, most commonly Level 6 or Level 5, depending on the facts alleged.
Penalties for Felony DUI/OWI
Potential penalties vary based on the level of the felony and the specific allegations, but may include:
- Level 6 felony OWI: Up to two and a half years in prison and fines up to $10,000
- Level 5 felony OWI: Up to six years in prison and fines up to $10,000
Additional consequences may include extended license suspension, probation, participation in alcohol-related treatment programs, and ignition interlock device requirements. Aggravating factors can significantly increase sentencing exposure.
Collateral Consequences
- License Revocation: A felony conviction often triggers a mandatory license suspension ranging from one year to a permanent revocation for "Habitual Traffic Violators."
- Loss of Civil Rights: You will lose your right to own or possess a firearm and your right to vote (while incarcerated).
- Professional License Forfeiture: Felonies are almost always reported to state boards, putting licenses for nursing, pharmacy, law, and education at risk.
- Employment and Housing Barriers: A felony record appears on all standard background checks, making it incredibly difficult to secure high-level employment or rental housing in Indianapolis.
The Indianapolis Felony Court Process
The process for a felony is more formal and intense than a misdemeanor case. Rathburn Law Office, P.C. provides a steady hand through each stage:
- Initial Hearing and Bond: Your first appearance in Marion Superior Court. We advocate for a fair bond or "Own Recognizance" release so you can assist in your defense.
- The DMV Battle: We coordinate with the Indiana BMV regarding your driving privileges. Even with a felony charge, we may be able to secure Specialized Driving Privileges to allow you to drive for work or family needs.
- Discovery and Depositions: We demand all evidence, including police reports, bodycam footage, and lab data. We often depose the arresting officers and state experts to find inconsistencies in their testimony.
- Pre-Trial Motions: We file motions to suppress evidence if your constitutional rights were violated during the stop, the search, or the chemical testing process.
- Trial or Resolution: Our over 30 years of experience means we are never afraid of the courtroom. If a fair plea agreement—such as a "misdemeanor treatment" (under IC 35-50-2-7)—cannot be reached, we are ready to take your case to a jury.
Our Defense Strategy in Indiana Felony DUI/OWI Cases
Felony OWI charges expose you to far-reaching consequences that extend well beyond the courtroom. Convictions can result in incarceration, long-term loss of driving privileges, and a permanent criminal record. Many defendants also face job loss, difficulty securing housing, increased insurance costs, and damage to professional licenses or commercial driving status.
For those with families, felony DUI allegations can disrupt financial stability and personal relationships. Because these cases often involve complex evidence and heightened scrutiny, early legal guidance is critical to protecting rights and limiting exposure.
Our firm takes a methodical, evidence-focused approach to felony DUI defense. These cases often hinge on technical details:
- Chemical testing procedures
- Prior conviction analysis
- Accident reconstruction
- Law enforcement conduct
We carefully examine whether prior OWI convictions were properly alleged, whether enhanced charge elements can be challenged, and whether constitutional or procedural violations occurred.
Attorney Chuck Rathburn’s extensive training in breath testing systems, standardized field sobriety testing, and alcohol-related evidence allows our firm to analyze the scientific foundations of the State’s case. When appropriate, we pursue suppression of unlawfully obtained evidence, reduction of charges, or dismissal of enhancement allegations.
Why Turn to Our Firm for Felony DUI/OWI Defense
Felony DUI cases require a defense founded on technical knowledge, courtroom experience, and meticulous preparation. Our firm is built around a science-driven approach to DUI defense, with statewide reach and the ability to handle complex evidentiary issues.
Clients turn to us because they want 30+ years of DUI defense practice, careful analysis, direct communication, and representation that challenges assumptions rather than accepting them at face value.
When the consequences are severe and the margin for error is small, having a defense built on precision and experience can make a meaningful difference in how your case is resolved.
Call (463) 465-2401 or reach us online for a complimentary virtual consultation with an Indianapolis felony DUI attorney. Find out how we can help you today.
Trusted by Our Clients
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“I am always impressed by his knowledge and understanding and ability to think outside of the box.”- Mary M.
Call Chuck!
"Chuck’s knowledge and understanding of breath alcohol instruments is exceptional. He worked closely with a manufacturer for many years learning and sharing the knowledge with the defense community. I have gone to Chuck on many occasions to discuss breath alcohol issues and aspects of how the instrumentation deals with the sampling and analysis. I consider him one of the leading experts on breath alcohol within the defense community. As an attorney, Chuck works hard for his clients and doesn’t just deal cases away. He takes the cases personal and fights to get the best resolution possible. In my 30 some years as an expert in breath alcohol testing, Chuck Rathburn is, by far, one of my favorite attorneys for consulting and brainstorming ways to expose the pseudoscience and bad science in the alcohol testing community. I am always impressed by his knowledge and understanding and ability to think outside of the box. I do not hesitate to say Call Chuck!"- Mary M. -
“Chuck was able to get the DUI dismissed to a lesser charge.”- John K.
Worked Hard to Help
"My first attorney told me I had to plead guilty to DUI because they didn't think I had a defense. Chuck was able to get the DUI dismissed to a lesser charge. He worked hard to help me."- John K. -
“When looking for DataMaster training for my staff, I looked no further than Charles Rathburn.”- Jon S.
Outstanding Job
"When looking for DataMaster training for my staff, I looked no further than Charles Rathburn. Mr. Rathburn did an outstanding job educating my entire staff on the concepts of breath alcohol testing while thoroughly explaining the problems associated with breath alcohol testing."- Jon S. -
“I have taken several DataMaster Courses with Chuck and continue to be blown away by both his command of that instrument and his ability to teach it to others.”- Eric G.
Intense Passion
"I have taken several DataMaster Courses with Chuck and continue to be blown away by both his command of that instrument and his ability to teach it to others. Chuck has an intense passion for learning about this machine, and has a gift of how to present it in a format that is easy to digest and understand."- Eric G. -
“Understanding the DataMaster better than the DA's and better than may of the State's experts has helped me get some fantastic results.”- Mark R.
Key to Success
"The in-depth DataMaster training I received from Chuck Rathburn has been a key to success in court. After taking the hands on breath test training from Chuck I am better able to analyze DUI breath cases from the inside out. Understanding the DataMaster better than the DA's and better than may of the State's experts has helped me get some fantastic results."- Mark R.