Indiana uses the term Operating While Intoxicated (OWI), but a charge does not always remain a misdemeanor. A prior conviction, a minor passenger, or an accident involving serious injury or death can elevate an OWI to a felony, bringing harsher penalties and potential prison time.
At Blankenship Law, LLC, our attorneys draw on former prosecutorial experience to evaluate felony OWI charges and identify possible defenses.
If you are facing an elevated charge, a free consultation can help you understand the allegations and your legal options.
When Does a Prior OWI Conviction Make a New Charge a Felony?
Under Indiana law, a new OWI can become a Level 6 felony when you have a qualifying prior OWI conviction within seven years. However, the state must establish that the earlier conviction meets the legal requirements for enhancement.
An attorney can review the prior case, examine the evidence supporting the new charge, and determine whether the state has grounds to pursue felony penalties.
In a Tipton County case, Blankenship Law negotiated a misdemeanor plea involving six months of probation and a 60-day license suspension for a client facing an OWI with a prior conviction.
Past results do not guarantee future outcomes, but reviewing the details of your case may reveal opportunities to challenge the charge or seek a reduced penalty.
Can a First OWI Become a Felony Because of a Minor Passenger?
Yes. Indiana law allows a first OWI to qualify as a Level 6 felony in some cases. The driver must be at least 21, and a passenger must be under 18. The driver also needs a BAC of at least 0.15, or the driving must have endangered another person.
A prior OWI conviction is not required for this enhancement. The driver’s age, the passenger’s age, and the circumstances of the alleged impairment can determine whether felony charges apply.
How Do Injury and Death Affect OWI Charges?
An OWI that causes serious bodily injury can result in a Level 5 felony. A qualifying prior OWI conviction within five years can elevate the offense to a Level 4 felony.
When an OWI causes death or catastrophic injury, the charge can begin at Level 4. These cases involve serious criminal exposure, and the prosecution must establish the required connection between the alleged impaired driving and the resulting harm.
Certain prior injury- or death-related OWI convictions may also trigger enhancements outside the standard seven-year repeat-offense period. Reviewing the applicable statute and criminal history is essential.
What Are the Penalties for a Felony OWI in Indiana?
Indiana’s felony sentencing ranges include the following terms.
- Level 6 felony: Six months to two and a half years.
- Level 5 felony: One to six years.
- Level 4 felony: Two to 12 years.
Fines can reach $10,000. A conviction may also affect driving privileges and create lasting consequences for employment and other opportunities.
Eric Blankenship spent 17 years as a prosecutor, including supervising major felony courts in Marion County. That experience informs the firm’s approach to evaluating evidence, identifying weaknesses in the state’s case, and preparing a defense.
Frequently Asked Questions
Can drug-related OWI charges become felonies?
Yes. Indiana can apply felony enhancements to drug-related OWI offenses when the statutory requirements are met.
Can an out-of-state DUI count as a prior conviction?
It may. Indiana courts assess whether the other state’s offense qualifies under Indiana law. An attorney can review the conviction before the state relies on it for enhancement.
Will a felony OWI affect my driver’s license?
A felony OWI can lead to license suspension or other driving restrictions. The consequences depend on the offense and applicable court and BMV requirements.
Can a felony OWI be expunged?
Some convictions may qualify for expungement, but eligibility depends on the offense, criminal history, and applicable waiting periods and restrictions.
Defending Felony OWI Charges With Blankenship Law, LLC
A felony OWI charge can put your freedom, driving privileges, and future opportunities at risk.
Blankenship Law, LLC evaluates the circumstances of the arrest, the evidence, and any prior convictions to determine what defense options may be available.
Contact our firm today to schedule a free consultation and discuss your Indiana OWI charge with a defense team experienced in felony prosecution and defense.
