Drunk driving, DUI, OWI, or Operating While Intoxicated (OWI) may be an extremely common charge in the Indianapolis, Indiana, area. Driving under the influence or while intoxicated is a very serious offense. It is important to hire an Indiana OWI attorney to help with a strong defense and keep your freedom. An OWI in Indiana will cause significant challenges to:
- Finances
- Freedom
- Residence
- Employment
Hire an Indiana DUI defense attorney by calling 866-594-7806 and speak with a skilled criminal defense lawyer who is well versed in current Indiana DUI/OWI defense law.,
An OWI Arrest Does Not Mean an OWI Conviction
An arrest for OWI does not necessarily mean that you will be convicted of Operating While Intoxicated. It is important to consider that before you decide to enter a guilty plea admitting to the OWI charge levied by the State, the prosecutor must prove every element of the offense beyond a reasonable doubt.
Hiring an experienced Indiana DUI defense attorney means that you can contest the OWI arrest and the evidence used to keep the charges against you. Your DUI defense attorney can challenge the field sobriety exercises and the chemical tests. Your defense attorney can ALWAYS challenge certain facts surrounding your arrest. Facts such as:
- Field Sobriety Tests
- Assertions of an arresting officer
- Chemical test results
Your attorney can help you fight the charges while you do what’s needed.
If you are charged with operating a vehicle while under the influence of alcohol or any other substances, an Indiana drunk driving defense lawyer will help fight for your civil rights. Retaining an attorney that can seek the best possible results for you, challenging test results, or the details of your arrest you in any legal hearings that may occur that are related to OWI charges. If you are also in the midst of dealing with an OWI, we’ve worked with numerous alcohol and drug rehabs in Atlanta to help you build a stronger case. Call today at 866-594-7806 to set up a free OWI consultation.
Indiana OWI Laws
- MISDEMEANOR OWI
- A. “.08″ & “INTOXICATED” WITH “VEHICLES”
There are now four (4) misdemeanor offenses in Indiana concerning adults consuming alcohol (or having certain controlled substances in their body without a valid prescription) and operating an automobile. These four (4) basic offenses will be referred to herein as “Operating While Intoxicated Type Offenses.”
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- 1. Two (2) “Per Se” Offenses
- a. Class “C” Misdemeanor “Per Se”
- The first (2) “Per Se” type misdemeanor offenses are concerned with both the amount of alcohol in a person’s breath or blood and certain controlled substances in the body. IC 9-30-5-1(a) prohibits the operation of a vehicle with at least .08 but less than .15 grams of alcohol by weight in your blood or breath and operating with certain controlled substances in your body. Both offenses are charged as Class “C” Misdemeanors.
- a. Class “C” Misdemeanor “Per Se”
- 1. Two (2) “Per Se” Offenses
A Class “C” Misdemeanor is punishable by a maximum term of imprisonment of sixty (60) days, a fine of up to Five Hundred Dollars ($500.00), or both. (IC 35-50-3-4)
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- b. Class “A” Misdemeanor “Per Se”
- The second “Per Se” offense is only concerned with the amount of alcohol a person has consumed. IC 9-30-5-1(b) prohibits the operation of a vehicle with .15 or above grams of alcohol by weight in your blood or breath. This offense is charged as a Class “A” Misdemeanor.
- b. Class “A” Misdemeanor “Per Se”
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A Class “A” Misdemeanor is punishable by a maximum term of imprisonment of three hundred sixty-five (365) days, a fine of up to Five Hundred Dollars ($500.00), or both. (IC 35-50-3-4)
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- 2. Two (2) Operating While “Intoxicated” Offenses
- a. Class “C” Misdemeanor “Intoxicated”
- The second two (2) statutes, (IC 9-30-5-2), prohibit the operation of a vehicle while intoxicated. ”Intoxicated” is defined as under the influence of alcohol, a controlled substance, a drug other than alcohol or a controlled substance, or a combination of these so that there is an impaired condition of thought and action and the loss of normal control of your faculties. (IC 9-13-2-86)
A person who operates a vehicle while “Intoxicated” commits a Class “C” Misdemeanor. [(IC 9-30-5-2(a)]
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- b. Class “A” Misdemeanor “Intoxicated”
- If it is proven that a person operated a vehicle while intoxicated, and in doing so, additionally endangered someone, it is a Class “A” Misdemeanor. [IC 9-30-5-2(b)]
- b. Class “A” Misdemeanor “Intoxicated”
- FELONY OWI
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- A. Previous Conviction Within 5 Years
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(IC 9-30-5-3)
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- Within five (5) years of the present arrest, a person has a previous conviction for an “Operating While Intoxicated Type Offense,” The court will elevate the new offense to a Level 6 Felony.
A level 6 Felony carries a punishment of six (6) months to two and one-half (2.5) years imprisonment. The advisory sentence is one and one (1 ) year. Additionally, the person may be fined up to Ten Thousand Dollars ($l0,000.00. (IC 35-50-2-7)
An “advisory sentence” is a guideline that the court may voluntarily consider as the midpoint between the maximum and minimum sentence.
Additionally, the Court must order the convicted person to serve at least five (5) days imprisonment if they have one previous conviction and ten (10) days imprisonment if they have two (2) or more convictions (without good time credit). (IC 9-30-5-15)
- Within five (5) years of the present arrest, a person has a previous conviction for an “Operating While Intoxicated Type Offense,” The court will elevate the new offense to a Level 6 Felony.
- B. Minors in Vehicle
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f the driver of the vehicle is at least 21 years old, with any passenger under 18, and the driver has either
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- 1) a Blood Alcohol Content of .15 or greater,
- or 2) operates a vehicle while intoxicated in a manner that endangers a person. The charge is a Level 6 Felony.
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A level 6 Felony carries a punishment of six (6) months to two and one-half (2.5) years imprisonment. The advisory sentence is one and one (1 ) year. Additionally, the person may be fined up to Ten Thousand Dollars ($l0,000.00. (IC 35-50-2-7)
An “advisory sentence” is a guideline that the court may voluntarily consider as the midpoint between the maximum and minimum sentence.
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- C. Serious Bodily Injury
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- Any “Operating While Intoxicated Type Offense” may be elevated and charged as a Level 6 felony if “serious bodily injury” is inflicted on another person. [IC 9-39-5-4(a)].
- C. Death
- Any “Operating While Intoxicated Type Offense” may be elevated and charged as a felony if death is inflicted on another person. The level of a felony can depend on the blood alcohol concentration and other circumstances.
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III. MANDATORY JAIL SENTENCES
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- A. Misdemeanor with a Prior “OWI type” Conviction
- Please note that, even if the present charge is a misdemeanor if the person has one previous conviction for an “OWI type offense,” the judge must sentence him to at least 5 days in jail without“good time credit.” The judge does have the option of allowing the person to perform 180 hours of community service instead of the executed jail sentence. (IC 9-30-5-15 (a))
- If the person has two (2) OR MORE prior “OWI type convictions,” there is a mandatory jail sentence of ten (10) days without “good time credit.” The judge can order the person to perform 360 hours of community service instead of the executed jail sentence. (IC 9-30-5-15(b))
- A. Misdemeanor with a Prior “OWI type” Conviction
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- ADMINISTRATIVE SUSPENSION OF DRIVING PRIVILEGES
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- A. Suspension for Failing “Chemical Test”
- Whenever a law enforcement officer in the State of Indiana has probable cause to believe that a person has committed an “Operating While Intoxicated Type Offense,” the officer will offer the driver a chemical test(s) to determine that person’s blood and/or breath alcohol level. The test(s) may be blood, breath, urine, or all three (3). (IC 9-30-6-2) If the results of a chemical test show a blood alcohol concentration of .08 or more, that person will be arrested. Further, the Clerk of Court will notify the Indiana Bureau of Motor Vehicles (“BMV”) of the test failure. At your first court hearing (called an “Initial Hearing”), the Judge should suspend his driving privileges immediately for one hundred eighty (180) days in open court if he failed any of the chemical test(s). If, for some reason, the Judge doesn’t immediately suspend the driving privileges, but the judge finds probable cause to believe that the driver failed a “chemical test,” paperwork will be sent to the BMV advising it of this. Once the BMV receives this information, the BMV will notify the driver at his last known address, advising him that his driving privileges are suspended. This suspension (whether by the Judge or the BMV) is called an “administrative suspension.” This suspension will last for one hundred eighty (l80) days or until the case is disposed of by the Court, whichever occurs first. [IC 9-30-6-9(b)]
- A. Suspension for Failing “Chemical Test”
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Indiana OWI Penalties
First OWI Offense
Jail: Up to 60 days (or up to 1 year with a BAC of .15% or more)
Fine: Up to $500 (or up to $5,000 with BAC of .15% or more)
License Suspension: Typically, 180 days
Engine IID: Up to 60 days (or up to 1 year with BAC of .15% or more)
Second OWI Offense
Jail: Up to 60 days (or up to 1 year with a BAC of .15% or more)
Fine: Up to $500 (or up to $5,000 with BAC of .15% or more)
License Suspension: At least 1 year
Engine IID: Up to 60 days (or up to 1 year with BAC of .15% or more)
*Anyone convicted of a felony OWI (for having a prior conviction within the past five years) is looking at six months to two and a half years imprisonment and up to $10,000 in fines.
Third OWI Offense
Jail: Up to 60 days (or up to 1 year with a BAC of .15% or more)
Fine: Up to $500 (or up to $5,000 with BAC of .15% or more)
License Suspension: At least 1 year
Engine IID: Up to 60 days (or up to 1 year with BAC of .15% or more)
*Anyone convicted of a felony OWI (for having a prior conviction within the past five years) is looking at six months to two and a half years imprisonment and up to $10,000 in fines.