Drivers often confuse reckless driving and operating while intoxicated (OWI) offenses. When you are charged with reckless driving vs. OWI in Indiana, you are facing two separate criminal charges that require proof of different elements and may result in different penalties and consequences.
While reckless driving and OWI charges can lead to criminal charges, driver’s license penalties, and a criminal record, each offense requires the prosecutor to prove different facts at trial.
Understanding Reckless Driving in Indiana
Indiana reckless driving laws typically state that reckless driving occurs when a person operates a vehicle with indifference to the safety of people or property. When proving a reckless driving charge, prosecutors do not need to show that you were impaired by alcohol or drugs. Instead, reckless driving charges are based on how you were driving. Types of behavior that could lead to reckless driving charges include:
- Driving too fast for conditions
- Weaving through traffic
- Passing other vehicles when it is unsafe to do so
- Disregarding traffic control devices while creating a hazard
- Racing on a public roadway
- Driving in a manner that endangers others on the road
Depending on the circumstances, reckless driving may be a misdemeanor offense. In some situations, reckless driving is subject to increased penalties if another person sustains bodily injury. In 2024, there were 15,028 total speed-related crashes and 198 fatal speed-related crashes in Indiana. Speed played a role in about 25% of all fatal crashes, despite reckless driving charges not always including speeding.
What Is an OWI in Indiana?
Operating while intoxicated occurs when you drive a vehicle while impaired by alcohol, a controlled substance, or certain other drugs. Prosecutors typically use chemical testing along with officer observations, field sobriety tests, and other evidence to prove that you violated OWI laws.
After being arrested for operating while intoxicated, your destination is likely the nearest jail after arrest. Your vehicle may be searched and towed at your expense. If your chemical breath test results indicate a blood alcohol concentration of 0.08% or more, you may face administrative driver’s license penalties in addition to criminal charges.
An arrest is not the same as a conviction. However, you now must defend against the charges and face the possibility of serious OWI penalties if convicted.
Key Differences Between Reckless Driving and OWI
Reckless driving and OWI are two separate offenses that can result in criminal charges. Both charges are handled by prosecutors who must prove the defendant is guilty beyond a reasonable doubt. However, the elements that must be proven for each offense are different.
Reckless driving charges are based on how a person was driving. Prosecutors must show that your actions while driving endangered others. Prosecutors do not have to prove that you were under the influence to prove reckless driving.
OWI charges are based on whether or not you were intoxicated by alcohol or drugs while driving. Prosecutors typically use evidence including chemical breath or blood tests, field sobriety tests, an officer’s observations, and other indicators to show that you were impaired. You do not have to be driving recklessly to be charged with an OWI if you are impaired.
Many times, drivers are charged with both reckless driving and OWI after the same traffic stop. For example, if the police believe that you were weaving through traffic at a high rate of speed and you also appeared to be intoxicated, you could face both charges. Because the charges are different under Indiana law, the prosecution must prove each offense separately.
Why Hire a Reckless Driving Lawyer?
If you choose to hire a reckless driving lawyer, your attorney can evaluate the evidence being used to support the charges against you. This includes reviewing the police report, police body camera footage, dash camera video, witness statements, and chemical test results if applicable to your case.
If you are facing both reckless driving charges and an OWI, an attorney can review the prosecutor’s evidence and determine if they have enough to prove each charge. Your attorney can also identify issues in the case that may affect your defense.
Reckless driving and OWI charges can occur on any road throughout Carmel and Hamilton County, including busy roadways like U. S. 31, Keystone Parkway, and Interstate 465.
FAQs
Is OWI Worse Than DUI in Indiana?
DUI and OWI are terms that people tend to use interchangeably when speaking casually. However, Indiana typically refers to DUIs as Operating While Intoxicated (OWI). Punishment can vary depending on prior record, blood alcohol level, whether there are injuries involved, and many other factors. Both DUI and OWI are charges that involve driving while impaired and can result in criminal charges and/or driver’s license penalties.
Why Do Some Defendants Advocate for Wet Reckless Instead of DUI?
Wet reckless is a reduced charge that means reckless driving with alcohol involved. Keep in mind that reckless driving is not always an option that every state uses. Indiana DUI / OWI attorneys can attempt to get you a reduced charge depending on the facts of your case and what the prosecutors are willing to negotiate.
How Long Do You Go to Jail for Reckless Driving in Indiana?
A sentence for reckless driving in Indiana varies depending on what charge you are actually facing. A person can be charged with a misdemeanor for reckless driving. However, if someone was injured or other factors were involved, the penalties can be much worse. Judges take into consideration all the facts of the incident, your prior history, and Indiana law when assessing your punishment.
How Long Do You Go to Jail for OWI in Indiana?
Sentences for OWI convictions involving jail time in Indiana vary depending on whether you are convicted of a first, second, or subsequent offense and whether there are any aggravating factors involved in your offense. A conviction for a first-offense OWI can result in jail being part of your sentence. Subsequent OWI convictions carry heavier penalties, including mandatory minimum jail sentences if you are convicted.
Why Choose Us?
If you have been charged with reckless driving and/or OWI in Indiana, Blankenship Law, LLC can advocate for your rights and future. Contact us today for a phone consultation.
