You risk tough penalties if you are charged with a felony DUI in Plainfield, Indiana. Moreover, the situation is tougher if you are a repeat DUI offender. Fortunately, the law gives everyone the right to legal representation. You deserve to be heard and your rights upheld despite your criminal charge, whether you are a first-time offender or you have prior DUI charges. You should consider hiring an experienced and aggressive felony intoxicated or drunk driving defense attorney to represent you. The Plainfield felony DUI defense lawyer will inform you about Indiana felony DUI, DWI, and OWI laws, charges, penalties, and legal representation requirements.
At Rathburn Law, we guarantee that you will find legal professionals ready to aggressively defend you. People sometimes find themselves in a fix, facing false accusations or entangled in a crime they did not want to commit. However, we believe that you should not fight criminal charges alone when you do not have a sufficient background in law.
We know the judges and prosecution want to make examples of DUI offenders and can slap them with hefty fines and penalties. Fortunately, we make it our mission to help get your charges dismissed or reduced and your sentence mitigated. Call us today at 317.671.8965 to schedule a free case review with our Plainfield felony DUI defense lawyer and learn more about our services.
Can I Be Charged With A Felony DUI In Indiana?
A felony conviction can be life-changing. It can rob you of many of life’s simple pleasures and freedoms. It is not an issue to be taken lightly. You can be charged with a felony offense for your first-time DWI, DUI, or OWI crime if it is associated with the following:
- You killed or severely injured someone in an accident.
- You have a minor with you in the vehicle.
- You have prior DUI, OWI, or DWI convictions (within the past five years).
What Is Considered A Felony DUI In Indiana?
The law in Indiana considers a first-time DUI offense a misdemeanor. Still, the offense can be considered a felony depending on the circumstances, and the charge carries more stringent penalties and punishments. A DUI misdemeanor becomes a felony offense when you are a repeat offender, endanger the life of a minor in the vehicle, or hit someone, killing them or injuring them severely.
You can be found guilty of a DUI offense if you are found to have a BAC (blood alcohol concentration) of 0.08% or higher or driving while intoxicated with a specified schedule I or II controlled substance. Misdemeanor DUI offenders in Indiana can face hefty fines of more than $5,000, revocation of their driving license, and 1-year jail time. But the punishment for felony offenses is significantly stricter and subject to the degree of fault (felony level) you are facing. The felony goes on your criminal record and you can face nearly 3 years of imprisonment, be ordered to register in a drug rehab program, and have your license revoked.
It is best to understand what a felony is and what possible fines, penalties, and punishments you could face if found guilty. Our Plainfield felony DUI defense lawyer will help you understand what to expect and advise you on what to do to ensure you have the best defense strategy.
What Is A Habitual DWI Felony Charge?
Facing a habitual DWI felony charge is never good. It is a charge handed down depending on prior drunk driving or operating a vehicle while intoxicated offenses. The habitual charges can be considered even if the offender has committed DUI, OWI, or DWI offenses in other states. It is an offense that carries felony status and the offender can spend a long time behind bars with their driving privileges revoked. The grounds for being charged with a habitual DWI felony in Indiana include:
- Committing a DUI offense when you are guilty of a currently pending charge on the same offense.
- You have three or more prior OWI, DUI, or DWI convictions.
- The prior convictions are within ten years from your current pending charge.
- There is proof of consistent behavior (intoxication when driving) in all prior convictions.
Previous and current DWI convictions can warrant the seizure of the offender’s vehicle if arrested, and the habitual felony DUI offense can lead to an indefinite revocation of the offender’s driving privileges. Overall, fighting such charges can be tough. But having an aggressive and experienced felony DUI defense attorney in Plainfield, Indiana, on your side can improve the odds of getting a lighter punishment if not having the charges dismissed.
What Other Felony DUI Charges Could I Face?
Accidents related to driving or operating a vehicle while drunk or intoxicated can result in minor injuries. However, fatalities and severe injuries can occur, and they change the level of criminal charges the offender will face. Below are several examples of other charges our Plainfield felony DUI defense lawyer will help you fight when charged with a DUI offense:
Felony Death By Vehicle
Felony death by vehicle is a charge for a Class D felony DUI linked to vehicular homicide or manslaughter. The offense often has the following elements that the prosecution must prove to secure a conviction:
- The killing of someone in the accident
- The DWI, OWI, or DUI, offense caused the death (proximate cause)
- The offender faces driving while impaired charges.
“Proximate cause” is a term used to signify that a DWI offense was a contributing factor in the circumstances that led to the person’s death.
Misdemeanor Death By Vehicle
A DUI offender can be charged with misdemeanor death by vehicle if they are found to have committed the following:
- Unintentionally caused someone’s death
- Violated traffic codes besides the DUI, DWI, or OWI offense
- The offense was the proximate cause of the victim’s death.
Felony Serious Injury By Vehicle
A DUI offender can face felony serious injury by vehicle charges if the prosecution proves the following elements in the incident. The charge is considered a Class F felony DUI offense and is punishable by imprisonment. Securing a conviction depends on showing beyond a reasonable doubt that the accused is guilty of committing the following:
- Inadvertently causing serious injury to another road user
- Faces a DUI, OWI, or DWI charge for the accident
- The offense is the proximate cause of the injuries.
Aggravated Felony Death By Vehicle
Felony death by vehicle or vehicular manslaughter/homicide can be elevated to an aggravated crime if more severe actions are associated with the crime and included in the charges. Aggravated felony death by vehicle is a Class C felony DWI offense and carries high penalties and punishments. The accused is deemed to have caused an accident because they had been operating a vehicle recklessly while drunk or intoxicated. Moreover, the acts are considered grossly indifferent and led to someone’s death.
Aggravated Felony Serious Injury By Vehicle
A felony serious injury by vehicle can be elevated to an aggravated crime (Class E felony) if the offender also has prior convictions related to the same offense within 7 years of the current DUI crime. The prior charges need not entail severe injuries for the current offense to be considered an aggravated felony. The accused risk permanent revocation of their driving privileges if found guilty.
The stakes for any party responsible for a traffic accident are high when there are severe injuries and fatalities. You will have an uphill task fighting to clear your name and absolve yourself of the crimes, but being charged with the offenses does not mean you are guilty. Moreover, it does not imply that the prosecution has sufficient evidence to prove liability. Working with an experienced DWI defense attorney in Plainfield, Indiana, can fundamentally change the outcome of your case.
Let Rathburn Law’s Plainfield DUI Defense Lawyer Represent You
A DUI charge involving vehicular homicide can be complicated, especially when the prosecution presents evidence suggesting liability. Nevertheless, all is not lost if you trust a seasoned DWI lawyer. You need aggressive legal counsel and representation from an attorney who will commit to ensuring you get a favorable outcome.
We believe that you deserve to be heard and your rights upheld despite facing charges for drunk or intoxicated driving, whether you are a first-time offender or you have prior DUI charges. That is your attorney’s mission immediately after you task us with fighting for you. The DUI lawyer will inform you about Indiana felony DUI, DWI, and OWI laws, charges, penalties, and legal representation requirements.
Contact Us Today
At Rathburn Law, we guarantee that you will find legal professionals ready to aggressively defend you. People sometimes find themselves in a fix, facing false accusations or entangled in a crime they did not want to commit. However, we believe that you should not fight criminal charges alone when you do not have a sufficient background in law.
Judges and the prosecution team want to make examples of DUI offenders and can slap them with hefty fines and penalties. Fortunately, we make it our mission to help get your charges dismissed or reduced and your sentence mitigated. Call us today at 317.671.8965 to schedule a free case review with our Plainfield felony DUI defense lawyer and learn more about our services.
