If you’ve been arrested for a DUI, you need to speak with an experienced defense lawyer as soon as possible.
A DUI conviction can result in jail time, loss of your driver’s license, and high fines. You could also be ordered to attend alcohol education classes or complete a community service project.
Rathburn Law is here to help. We have years of experience defending clients against DUI charges in Notre Dame and we know what it takes to get the best possible outcome for your case. Contact us today at 317.671.8965 for a free consultation.
Can I Be Charged with a Felony DWI in Indiana?
While it is possible to be charged with a felony DWI in Indiana, it is important to understand that the charges and penalties you face will depend on the specific circumstances of your case. If you have been convicted of DWI within the past seven years, or if you have caused serious bodily injury or death as a result of your drunk driving, you may be charged with a felony. In addition, if you have refused to submit to a chemical test or if you have been driving on a suspended or revoked license, you may also be charged with a felony.
If convicted of a felony DWI, you will face significant penalties, including jail time, fines, and the loss of your driver’s license. If you are facing a felony DWI case in Indiana, it is recommended to consult with an expert criminal defense attorney who can help you navigate the legal process and protect your rights.
What is Considered a Felony DUI in Indiana?
In Indiana, a DUI is considered a felony if the accident results in serious bodily injury to another person. A DUI that results in the death of another person is also considered a felony. If you are convicted of a felony DUI, you could face up to two and a half years in prison and a fine upwards of $5,000. You may also have your driver’s license suspended for up to two years.
If you are convicted of multiple DUIs, you will be deemed a habitual offender and could face even harsher penalties. As you can see, the consequences of a DUI are serious and can have a lasting impact on your life.
What is a Habitual DUI Felony Charge?
A habitual DUI felony charge is a criminal charge given to someone who has been convicted of driving under the influence of drugs or alcohol three or more times. This charge is much more serious than a misdemeanor DUI and can result in jail time, a loss of driving privileges, and a fine. A person convicted of a habitual DUI felony charge will also have a permanent criminal record.
In some states, a habitual DUI felony charge can be upgraded to a vehicular manslaughter charge if the person convicted of the charge causes a death while driving under the influence. At Rathburn Law, we understand the seriousness of a habitual DUI felony charge and will work tirelessly to defend your rights and freedom.
What Other Felony DUI Charges Could I Face?
In addition to a felony DUI charge, you could also face other charges if your drunk driving has resulted in serious injury or death. These charges can include vehicular manslaughter, hit and run, and driving on a suspended or revoked license. If you are convicted of these charges, you could face jail time, fines, and the loss of your driver’s license
It is important to remember that each case is unique and the specific charges and penalties you face will depend on the facts of your case. At Rathburn Law, we will lay out all of your options and work with you to create a defense that fits your specific needs.
Felony death by vehicle
In Indiana, DUI laws make it a felony to drive under the influence of drugs or alcohol if someone is killed as a result. This is commonly known as “felony death by vehicle.” While the penalties for this crime are severe, they pale in comparison to the grief and suffering of the victim’s family. For them, nothing can bring back their loved one or make up for the loss. However, knowing that the person responsible will be held accountable can help to provide some measure of justice. In addition to the prison sentence and fines that are typically imposed, a felony death by vehicle conviction also results in a loss of driving privileges. This helps to ensure that the offender won’t be able to repeat the crime and inflict more pain on other families.
Misdemeanor death by vehicle
Misdemeanor death by vehicle is an additional felony DUI charge that can be brought against a driver in certain circumstances. The charge is typically used when a drunk driver causes a fatal accident, but it can also be applied in cases where the victim was not killed but was left with serious injuries. The sentence for misdemeanor death by vehicle can vary depending on the state in which the crime was committed. In Indiana, the sentence is up to one year in prison and a fine of up to $5,000. The charge can also be upgraded to a felony if the victim was a child or if the drunk driver has a previous DUI conviction. Regardless of the potential sentence, misdemeanor death by vehicle is a serious charge that should be taken seriously by anyone who is facing it.
Felony serious injury by vehicle
A DUI charge can be enhanced to a felony if the driver causing the accident that resulted in the DUI also caused serious injury to another person. This is typically referred to as a felony serious injury by a vehicle. If you are facing this type of charge, it is important to understand what it means and how it could impact your case.
A felony serious injury by vehicle charge means that the prosecutor believes that you not only committed the crime of driving under the influence but that you also caused serious bodily injury to another person as a result of your actions. This is a more serious charge than a regular DUI, and it can carry harsher penalties. If you are convicted of this charge, you could face jail time, fines, and other penalties.
It also helps to understand the definition of serious injuries. In Indiana, the definition of serious bodily injury according to the law is any injury that results in a substantial risk of death or that leads to serious permanent unconsciousness, disfigurement, or the loss or impairment of a bodily function. This is a broad definition, and it can include many different types of injuries.
The elements of this charge include:
- The defendant committed the crime of driving under the influence
- The defendant’s actions resulted in serious bodily injury to another person
- The impairment was the reason for the victim’s injuries.
Aggravated felony death by vehicle
Aggravated felony death by vehicle is an additional felony charge that can be issued for DUI-related offenses. The charge is typically issued when a DUI-related accident results in the death of another person and the perpetrator has a prior DUI conviction. In order to be convicted of this offense, the prosecution must prove that the defendant was operating a vehicle under the influence of drugs or alcohol at the time of the accident.
Aggravated felony serious injury by vehicle
This charge is similar to felony serious injury by vehicle but is issued when the victim of a DUI-related accident suffers serious bodily injury as a result of the defendant’s actions and the driver has been charged with a DUI offense within 7 years from the date of the incident. Note that in such cases, it’s insufficient for the driver to be impaired. The prosecution must prove that the impairment has caused the accident.
Schedule a free consultation with our Notre Dame Felony DUI defense lawyers
Facing a DUI charge can be a stressful and overwhelming experience. It’s easy to get lost in the legal process and not know where to turn. With all the different charges and penalties, it can be hard to know what to do next. That’s why it’s important to have an experienced lawyer on your side to help you navigate the complex legal system and ensure the integrity of your rights.
You don’t have to face a DUI case alone. The reputable Notre Dame DUI defense lawyers at Rathburn Law can help. We understand the Indiana DUI laws and can guide you through every step of the process. We will fight for your rights and make sure you get the best possible outcome in your case.
Feel free to call us at 317.671.8965 and we’ll be more than happy to provide you with a free consultation. After evaluating your case, we’ll be able to offer you more information on how we can help you. By using our unparalleled knowledge and experience, we’ll work tirelessly with you to ensure you get the most favorable outcome possible.