Being charged with Driving Under the Influence (DUI), can be overwhelming. Understanding the legal terms and specifics of Indiana’s DUI laws is crucial. In Indiana, Driving Under the Influence (DUI) is often referred to as Operating a Vehicle While Intoxicated (OVWI). Indiana makes no distinction between the two when it comes to the types of charges filed.
Facing a DUI / OVWI charge can lead to hefty fines, license suspension, and even jail time. If you or someone you know is facing charges for a DU / OVWII, especially under the element of endangerment, seeking legal representation is essential. In this blog, we will cover the basics of a Indiana DUI / OVWI charges, the legal implications of when the element of endangerment comes into play, and the importance of hiring an Indiana DUI / OVWI attorney.
DUI: The Basic Charges
In Indiana, the base level charge for any DUI is a Class C misdemeanor. A Class C misdemeanor can carry a penalty of up to 60 days in jail and a $500 fine. Indiana Code § 9-30-5-1(a) states:
(a) A person who operates a vehicle with an alcohol concentration equivalent to at least eight-hundredths (0.08) gram of alcohol but less than fifteen-hundredths (0.15) gram of alcohol per:
(1) one hundred (100) milliliters of the person’s blood; or
(2) two hundred ten (210) liters of the person’s breath;
commits a Class C misdemeanor.”
Although a DUI starts as a Class C misdemeanor, there are a variety of ways that a DUI charge can escalate into a Class A misdemeanor or even felony charges. One way the State can elevate the base level DUI charge from a Class C to a Class A misdemeanor is through the element of endangerment.
The Element of Endangerment
If you are facing a DUI / OVWI Charge in Indiana, chances are you will find the word endanger somewhere within the charging information. In many cases, this endangerment of an individual’s life is what allows the State to enhance the DUI charge to a Class A misdemeanor. Indiana Code § 9-30-5-2(b) outlines this charge:
(b) “An offense described in subsection (a) is a Class A misdemeanor if the person operates a vehicle in a manner that endangers a person.”
When prosecutors aim to prove endangerment, they closely examine specific driving behaviors. Some of these factors include:
- weaving in and out of traffic;
- switching lanes without signaling;
- making illegal turns; and
- any other dangerous maneuvers.
It is important to note that not everything counts as potentially dangerous conduct. For example, if the initial reason you are pulled over is for having a taillight out or driving without headlights during the day when the sun is out, these are not factors which can contribute to an endangerment charge.
What Law Enforcement Officers Look For
Law enforcement officers play a pivotal role in building a DUI endangerment case. During a traffic stop, there are various cues that officers will look out for. These can include:
- red and glassy eyes;
- erratic driving behavior;
- your interaction with the police officer; and
- fumbling or being unable to produce identification.
By understanding these indicators, individuals can gain insights into how law enforcement officers approach DUI cases.
Paths to a Class A Misdemeanor
Aside from the element of endangerment, the State can charge you with a Class A Misdemeanor if your blood alcohol content (BAC) was measured at 0.15 or greater—even if there was no endangerment element. Indiana Code § 9-30-5-1(b) states:
(b) A person who operates a vehicle with an alcohol concentration equivalent to at least fifteen-hundredths (0.15) gram of alcohol per:
(1) one hundred (100) milliliters of the person’s blood; or
(2) two hundred ten (210) liters of the person’s breath;
commits a Class A misdemeanor.
Class A Misdemeanor: The Penalties
A Class A Misdemeanor Indiana DUI / OVWI charge carries increased potential penalties. In Indiana, these penalties include the possibility of a jail sentence of up to one-year and a fine of up to $5000. While that does not always mean you will spend a year in jail, the possibility is there. An Indiana DUI / OVWI attorney is your best advocate for potentially reducing your charges, including the possible ramifications on your life and driver’s license.
Don’t Delay, Reach Out Today
An Indiana DUI is not as simple as it sounds. Whenever the question of endangerment is present, hiring an Indiana DUI attorney is crucial. The attorneys at the Marc Lopez Law Firm help clients facing DUIs in a variety of circumstances.
If you or someone you know is facing a DUI charge in Indiana, the Marc Lopez Law Firm stands ready to provide you with proper legal representation. Our criminal defense attorneys are well-versed in Indiana’s DUI laws and DUI defense strategies. Let us be your advocates through this stressful time. Call us today at 317-632-3642 and remember—always plead the 5th!
