Felony DUI Attorney in Indianapolis

Level 6 Felony OWI Penalties in Indiana

A Level 6 felony OWI carries a sentencing range of 180 days to 910 days, with an advisory sentence of one year. The maximum fine is $10,000. Those numbers are the starting point, and the mandatory minimums depend on your prior record.

With one prior OWI conviction, Indiana law requires the court to impose at least 5 actual days in jail. With two or more prior convictions, that floor rises to at least 10 actual days. Probation is possible in place of additional incarceration depending on the facts and your history, but it isn’t guaranteed.

Under IC 9-30-16-2, a prior OWI conviction also triggers a mandatory license suspension of at least 365 days. Even with that suspension in place, you may qualify for Specialized Driving Privileges, which can allow you to drive to work, medical appointments, and for essential family needs. We pursue Specialized Driving Privileges where our clients qualify and the facts support the application.

How We Defend Level 6 Felony Drunk Driving Cases in Indianapolis

Chuck Rathburn has been qualified by trial and appellate courts in Indiana and multiple other states as an expert on breath testing, Standardized Field Sobriety Tests (SFSTs), and alcohol’s effects on the human body. That’s not a description of how he practices law. It’s a credential granted by courts that have evaluated his knowledge under oath.

Chuck is a certified SFST instructor, trained not only to administer roadside tests but also to teach law enforcement officers how to administer them correctly. He purchased DataMaster breath-testing instruments directly from the manufacturer and developed a working relationship with the company at their encouragement, so he could teach other attorneys how the device actually processes a sample. He completed phlebotomist and lab assistant training to build hands-on knowledge in blood and urine testing analysis. He holds a Forensic Chromatography certification and a Lawyer Scientist certificate, and he is a member of DUIDLA (DUI Defense Lawyers Association). Other attorneys consult him on cases involving complex testing or technical challenges.

Those credentials translate directly into how we defend a Level 6 felony OWI charge.

Evidence Challenges We Pursue

Breath Test Challenges
Challenging a DataMaster result requires understanding how the instrument processes the breath sample, whether it was properly calibrated, and whether the operator followed regulatory protocols exactly. This is a technical analysis that demands instrument-level knowledge, not just a general argument about machine reliability.

Prior Conviction Enhancement Challenges
In cases elevated by a prior OWI conviction, we examine whether that prior conviction was properly alleged, whether it falls within the required seven-year window, and whether it is legally valid. An enhancement that can’t be sustained can reduce the charge to a misdemeanor.

Injury Enhancement Challenges
In cases involving alleged serious bodily injury, accident reconstruction and the statutory definition of serious bodily injury under Indiana law can both be contested. The causal connection between the driving and the injury must be established by the prosecution.

Suppression of Unlawfully Obtained Evidence
A constitutional challenge to the traffic stop or the arrest can result in suppression of everything collected afterward. If the stop lacked reasonable suspicion or the arrest lacked probable cause, a motion to suppress can remove the prosecution’s evidence from the case entirely.

Misdemeanor treatment under IC 35-50-2-7 is a recognized resolution path in Level 6 felony cases and one we pursue when the facts support it. One client came to us after a prior attorney told them they had no choice but to plead guilty to DUI. Chuck was able to get the DUI dismissed to a lesser charge. We don’t start from the assumption that the charge stands.

Long-Term Consequences of a Level 6 Felony OWI Conviction

A permanent felony record reaches into every part of life in ways that outlast the sentence. Every standard employment background check surfaces a felony conviction, and many employers screen applicants out on that basis alone. Jobs requiring professional licensure, security clearance, or a clean driving record are particularly at risk. Indiana’s professional licensing boards require reporting of felony OWI convictions, placing licenses for nursing, pharmacy, law, education, and other regulated professions in jeopardy. For commercial drivers, a felony OWI conviction can trigger CDL disqualification, ending a commercial driving career outright.

Accumulating serious driving offenses over time can also result in habitual traffic violator designation, adding a multi-year or permanent license revocation on top of any sentence-related suspension. Housing applications frequently screen for felony convictions, and a felony conviction results in the loss of the right to own or possess a firearm and the loss of voting rights while incarcerated.

Perhaps most directly relevant to the charge itself: a prior Level 6 felony OWI conviction increases the severity of any subsequent OWI charge, potentially escalating to a Level 5 felony with a sentencing range of up to six years. The stakes of the current case aren’t limited to the current case.

Speak with a Felony Drunk Driving Attorney in Indianapolis

If you’re facing a felony DUI charge in Indianapolis or anywhere in Central Indiana, the time to act is now. Early involvement lets us preserve evidence, evaluate the testing procedures used in your case, and identify challenges before the prosecution’s case hardens into a plea offer you’re pressured to accept.

Contact us today at (463) 465-2401 or use our online contact form to schedule a free virtual consultation with Rathburn Law Office, P.C. and start building your defense.