Indiana DUI/OWI Driving Under the Influence – Operating While Intoxicated
In Indiana it is illegal for anyone to drive with a Blood Alcohol Content-Concentration (BAC) of .08% or above. In evaluating the strength of the State’s charges it is important to evaluate the all of the documents/video the State may have, the circumstances surrounding the stop, and the legality of such a stop.
Penalties for OWI/DUI
First time DUI/OWI offense can result in charges of a C-misdemeanor or an A-misdemeanor depending on the driver’s BAC level.
- It is a C-misdemeanor if the BAC level is between .08% and .15%. A C-misdemeanor carries with it a maximum term of incarceration of up to 60 days and a fine of up to $500.
- The charge is an A-misdemeanor if the BAC level is .15% or higher. An A-misdemeanor carries with in a maximum term of incarceration of up to one year and a fine of $5,000.
Additional misdemeanor DUI/OWI charges include:
- Operating a vehicle while intoxicated – with endangerment (A-misdemeanor) and
- Operating a vehicle while intoxicated -with a metabolite in the driver’s system (C-misdemeanor).
Second time OWI/DUI offenses can result in felony charges.
- If the operator has a prior OWI/DUI in past 5 years the offense will likely be elevated to a Felony 6.
- The OWI/DUI can also be elevated to a Felony 6 if there is a child in the car under the age of 18 years old or if the OWI results in serious bodily injury to another. Felony 6 charges carry with them a possible term of incarceration from 6 months to 2.5 years.
OWI/DUI offenses can result in even higher felony charges if the OWI results in death.
With any OWI/DUI charge there will likely include a license suspension. Our firm has experience dealing with suspension issues and can discuss alternatives with you in your specific case.
It is important to have a criminal attorney who has experience dealing with these types of cases. All of the attorneys at Vanderpool Law Firm have experience handling these cases.