Facing charges or an arrest for operating a vehicle while intoxicated, commonly known as a DUI or OWI, puts your reputation, freedom, and finances on the line. It’s crucial to seek legal counsel from an experienced attorney with in-depth knowledge of Indiana DUI laws.
Time is of the essence under Indiana DUI laws. Many individuals facing these charges worry about potential job loss or incarceration. Understanding that the right legal representation can help mitigate the consequences is vital. If you or a loved one is facing an OWI charge in Indiana, reach out to Rathburn Law. Our Noblesville Felony DUI Defense Lawyer is dedicated to achieving the best outcome for your case.
Can I Be Charged With A Felony DWI In Indiana?
In most instances, a DUI/OWI will typically result in a “misdemeanor” charge. However, depending on the circumstances, this could escalate to a “felony” charge, which carries more severe consequences.
What Is Considered A Felony DUI In The State Of Indiana?
Instances where a DUI/OWI can escalate to a felony typically include:
- Causing the death or serious injury of one or more persons while driving under the influence.
- Operating a vehicle while intoxicated with a minor present.
- Having a DUI or OWI conviction within the past five years.
When charged with a felony, the penalties become more severe. Felony DUIs entail stringent consequences, such as fines of up to $5,000 or a maximum of 365 days in prison. A conviction for an Indiana felony DUI may result in:
- Facing 2.5 years of imprisonment for a Level 6 felony.
- A permanent record of the felony.
- Longer probation periods and higher fines compared to misdemeanor convictions.
- Mandatory participation in an alcohol or drug rehabilitation program as ordered by the court.
- Suspension of your driver’s license.
Fighting a felony DUI conviction demands the expertise and proficiency of a DUI attorney to protect your liberty, record, and driving privileges.
What Is A Habitual DWI Felony Charge?
A habitual DWI felony charge arises when an individual has been convicted three times for DWI offenses within a 10-year period preceding the fourth offense. To secure a conviction, the State must demonstrate that the individual is guilty of the current pending DWI charge and has three or more prior DWI convictions within ten years of the offense date, involving similar conduct.
In Indiana, DUIs count as subsequent offenses if they occur within five years of a previous DUI conviction. When an individual has three DUIs within a 10-year timeframe, Indiana categorizes the defendant as a “habitual traffic violator,” potentially adding eight additional years to their jail sentence.
If you are facing a DUI conviction, it is advisable to seek guidance from a DUI defense attorney in Noblesville who can provide tailored advice based on your specific circumstances.
What Other Felony DUI Charges Could I Face?
In Indiana, a DUI, locally referred to as an OWI (Operating While Intoxicated), occurs when you operate a vehicle with a BAC (blood alcohol content) over .08% or when you cause an accident due to alcohol consumption prior to driving.
In addition to misdemeanor charges, here are some other DUI charges you could encounter:
Class A Misdemeanor DUI
If your BAC measures 0.15% or higher and you choose to drive, you may face a Class A misdemeanor DUI charge. Similarly, you could also face a Class A misdemeanor charge if your BAC falls between 0.08% and 0.15%, or if you have a Scheduled I or II controlled substance present in your system.
Penalties for Class A misdemeanor DUI convictions often include a license suspension, fines (up to $5,000), or imprisonment (up to one year).
Level 6 Felony DUI
A Level 6 felony DUI may be charged under the following circumstances:
You have a prior DUI conviction within seven years of your current DUI charge.
Your BAC was 0.15% or higher, you are 21 years old or older, you drove under the influence of narcotics, your actions endangered another person, and/or you had one or more passengers under 18 years of age.
Individuals convicted of Level 6 felony DUIs may face imprisonment ranging from 6 months to 2 1/2 years, fines of up to $1,000, and a license suspension.
Level 5 Felony DUI
A Level 5 felony DUI may be charged if you have a prior conviction for OWI causing catastrophic injury, death, or serious bodily injuries. It also includes causing serious bodily injuries to another person while driving with a BAC of 0.08% or more, driving while intoxicated, or under the influence of drugs.
Convictions for Level 5 felonies may result in incarceration ranging from 1 to 6 years (with a 3-year advisory sentence), a license suspension, and fines of up to $10,000.
Level 4 Felony DUI
A Level 4 felony DUI may be charged if you have prior DUI convictions within five years of your current DUI charge and have caused serious bodily injuries to someone else while driving with a BAC of 0.08% or more, while intoxicated, or under the influence of drugs. It also applies if you caused catastrophic injury or death to someone else while committing the DUI.
Convictions for Level 4 felonies may lead to fines of up to $10,000, imprisonment ranging from two to 12 years (with an advisory sentence of six years), and a license suspension.
Other Penalties For DUI
In addition to the aforementioned penalties, individuals with a previous DUI conviction may face further consequences:
At least 240 hours of dedicated community service or a minimum of five days in prison.
Completion of an alcohol and drug assessment and participation in treatment programs when deemed necessary.
For individuals with two prior OWI convictions, the incarceration term may increase to 10 days (or 480 hours of community service). They are also required to undergo an alcohol and drug assessment and complete treatment programs when necessary. Courts are prohibited from suspending these incarceration terms, and they must be completed within six months from the sentencing date.
What Is An Aggravated DUI In The State Of Indiana?
Aggravated DUIs are standard DUI charges but with enhancements. Examples of DUI enhancements include:
- Driving under the influence with a passenger under the age of 18.
- Driving under the influence and causing the death of another person.
- Driving with a BAC of 0.15% or higher.
- Driving under the influence and causing someone to sustain serious bodily injuries.
Aggravated DUI charges are categorized as Felony DUI charges, a term used in the state of Indiana. Other aggravated DUI offenses may include DUI in school zones, driving intoxicated with a suspended or invalid license, operating a school bus while intoxicated or under the influence of alcohol or drugs, and having multiple convictions within a short time frame.
How Much Jail Time Will I Have To Serve For A DUI In Indiana?
To start, nearly every individual arrested for an OWI/DUI in Indiana, whether it’s their first offense or a repeat occurrence, will likely face some period of incarceration following their arrest. Typically, this duration is short, often less than one day. However, if the arrest happens on a holiday or weekend, or if the DUI results in death or serious bodily injuries, the period of incarceration may be longer.
The length of time spent in jail before your trial is often influenced by factors such as the bond or bail amount and whether it is affordable to you. Additionally, if you are on probation, have a pending charge elsewhere, or have an active warrant, you may be required to remain in jail for an extended period.
When Should You Contact A Lawyer?
Seeking counsel from a felony DUI defense attorney in Noblesville, IN, as soon as possible is advisable. No charges should be taken lightly, and you will require guidance and advice from a reputable law firm like Rathburn Law on how to navigate your case. A seasoned DUI defense lawyer will possess the expertise to effectively manage your unique situation. They may assist you in having your charge dropped or reduced, or aid in obtaining a reduced sentence.
How Our Noblesville Felony DUI Defense Lawyer Can Help You
At Rathburn Law in Noblesville, Indiana, our team of attorneys is known for being trustworthy, accessible, and reliable. We specialize in helping each of our clients navigate legal matters they cannot handle alone, always striving to achieve the best possible outcome. Contact us today at 317.671.8965 to learn more about how we can assist you with your legal battles.
