Charged with OWI and endangerment under Indiana Code § 9-30-5-2? Learn the difference between a basic OWI and an enhanced OWI charge to better understand why your next move matters.
Not All OWIs Are Created Equal: The Truth About OWI with Endangerment in Indiana
If you’re staring at a charging document with the numbers 9-30-5-2, take a deep breath and pay close attention. Those numbers mean you’re being charged with Operating a Vehicle While Intoxicated (OWI), but they may also signal a more serious allegation: endangerment.
Here at the Marc Lopez Law Firm, we talk about OWI defense all day long. It’s not just our job, it’s our passion. So let’s break down exactly what you’re facing and why the distinction between a basic OWI and OWI with endangerment could mean the difference between a short stint in court and a life-changing legal battle.
What Is Indiana Code § 9-30-5-2?
Indiana Code § 9-30-5-2 governs Operating While Intoxicated (OWI) offenses, which most people think of as a typical OWI. Under subsection -2(a), the charge starts as a Class C misdemeanor, carrying up to 60 days in jail and a $500 fine. The worst case scenario is serious, but manageable.
But under subsection -2(b), if the State claims your behavior “endangered a person”, that C misdemeanor becomes a Class A misdemeanor. Now you’re looking at up to one full year in jail and a $5,000 fine. That’s a significant jump in both punishment and prosecutorial interest.
And the biggest issue? It doesn’t take much to trigger that enhancement.
What Counts as “Endangerment”?
Endangerment doesn’t require a near-death experience or a high-speed police chase. In fact, it can be something as minor as:
- Swerving within your lane
- Driving over the center line
- A rolling stop or abrupt acceleration
- Speeding (though it usually needs to be more than 15 mph over on highways)
It’s not about what actually happened. It’s about what the officer says happened. If they believe your behavior was “dangerous,” they’ll tack on the enhancement.
But here’s the good news: Just because you’re charged doesn’t mean you’re guilty.
Can They Actually Prove It?
Prosecutors love to charge OWI with endangerment, but proving it is another story. Being intoxicated alone isn’t enough to support an endangerment enhancement. There has to be an additional observable action that creates a risk.
At the Marc Lopez Law Firm, we’ve seen everything from overzealous officers stretching the truth to outright misinterpretations of what counts as dangerous. If your only “error” was driving slowly or having a brake light out, that’s not endangerment. It’s just a traffic violation.
This is where a good defense attorney makes all the difference. We’ll analyze dashcam footage, challenge the stop, and scrutinize every piece of evidence to determine whether the State can actually prove what they’re alleging.
Why the Stakes Are Higher with Endangerment
Prosecutors and judges treat endangerment charges more seriously than a “plain” OWI. Why? Because it suggests that your behavior put others at risk even if no one was hurt. That perception often leads to:
- Harsher plea offers
- Stricter probation terms
- Longer license suspensions
And let’s be honest: the phrase “OWI with endangerment” doesn’t sound great on your criminal record. It paints a much darker picture than it often deserves.
What You Should Do If You’re Charged
Seeing “9-30-5-2(b)” or “endangerment” on your paperwork can be scary. But don’t panic. Get informed and get help.
- Understand your charges – Know the difference between a standard OWI and one enhanced by endangerment.
- Don’t assume the worst – These enhancements are often based on flimsy claims.
- Call a criminal defense attorney who knows Indiana OWI law inside and out.
At the Marc Lopez Law Firm, our entire team of defense attorneys is ready to break down the State’s case, challenge their assumptions, and fight for the best possible result.
Don’t Let a String of Numbers Dictate Your Future
The State might throw big words and even bigger numbers at you, but that doesn’t mean they’ll stick. If you’ve been charged under Indiana Code § 9-30-5-2, especially with an endangerment enhancement, you need someone in your corner who understands how these cases actually work.
Call us today at 463-288-6270 for a free consultation.
We’ll talk OWI defense all day because helping Hoosiers fight for their future is what we do best.
And remember: Always plead the 5th.
