#image_title
If you’re facing DUI charges in Indiana, there’s one phrase in the law that carries a lot more weight than most people realize: “endangering a person.” At the Marc Lopez Law Firm, we see it added to operating while intoxicated (DUI / OVWI) charges all the time, even when there’s no crash, injuries, or dramatic scene. So what gives?
Here’s the breakdown of what “endangerment” actually means in Indiana DUI / OVWI cases and why it’s something you shouldn’t ignore.
What Counts as “Endangering a Person” in Indiana?
In Indiana, endangerment doesn’t require an accident or even a near miss. It just requires some action behind the wheel that a prosecutor or officer can point to and say, “That was dangerous.”
Common examples we’ve seen include:
These are all things sober drivers do every day. But when alcohol enters the picture, officers often slap on the “endangering” label. Even if it’s not actually warranted.
The Legal Power of “Endangering a Person”: Statute, Sentencing, and Serious Consequences
The word “endangering” can completely reshape your Indiana DUI case. What might have been a relatively minor charge can become a serious legal problem overnight.
Under Indiana Code § 9-30-5-2:
“(a) A person who operates a vehicle while intoxicated commits a Class C misdemeanor.
(b) That same offense becomes a Class A misdemeanor if the person operates the vehicle ‘in a manner that endangers a person.’”
So what’s the difference between a C and an A misdemeanor in practical terms?
That part is governed by Indiana Code §§ 35-50-3-2 through 35-50-3-4:
That’s not just a number change. It’s a signal to the court that your offense was riskier, more dangerous, and more deserving of harsh punishment. Prosecutors love to use this as leverage. Judges treat it more seriously. And suddenly, a basic DUI becomes a legal uphill battle.
But what does “endangering a person” actually mean?
Indiana courts have explained that the word “endangering” isn’t just legal fluff. In Outlaw v. State, the Court of Appeals made it clear: the State can’t prove endangerment just by saying you were intoxicated. There has to be evidence that “the defendant’s condition or operating manner could have endangered any person, including the public, the police, or the defendant [themselves].” 918 N.E.2d 379, 381 (Ind. Ct. App. 2009), adopted 929 N.E.2d 196 (Ind. 2010).
The bar isn’t high, but it’s not non-existent either. That’s why it matters so much to review what the officer actually observed and whether that behavior truly fits the statute’s intent.
For example, in A.V. v. State, the court held that a driver going 51 in a 35 MPH zone had operated in a way that was dangerous enough to justify the endangerment enhancement even without a crash or near miss. 918 N.E.2d 642, 646 (Ind. Ct. App. 2009).
Further, in Lehman v. State, a defendant was pulled over for having a purple light visible from the front of his motorcycle. The court held that this headlight violation at night on an unlit residential street combined with a speed of just 5 MPH over the speed limit was enough for the court to affirm an endangering enhancement. 203 N.E.3d 1097, 1105–06 (Ind. Ct. App. 2023).
So yes, something as simple as low-level speeding, swerving, or even slightly erratic behavior can lead to a Class A misdemeanor if the prosecution decides to press it.
But here’s the key takeaway: just because the State alleges endangerment doesn’t mean they can prove it. At the Marc Lopez Law Firm, we don’t let those assumptions slide. We pull the dashcam. We dissect every statement. And we challenge whether “endangering” is more than just a convenient excuse to up the charge.
Officers Love Adding Endangerment, But That Doesn’t Make It Right
At the Marc Lopez Law Firm, we routinely see officers overcharging with endangerment. They treat minor infractions like serious threats. But here’s the thing: not all traffic violations amount to endangering a person.
Here are some things that usually shouldn’t qualify:
These might justify a stop, but they’re not inherently dangerous. And if the evidence doesn’t back up an endangerment allegation, we’ll challenge it aggressively.
Why This Matters for Your DUI Defense
Every added charge complicates your case. Endangerment boosts the stakes. It increases the likelihood of jail time, probation, and drivers license restrictions. In some cases,
That’s why you need a defense team that understands Indiana DUI law down to the letter and isn’t afraid to push back on weak evidence.
At the Marc Lopez Law Firm, we fight aggressively to reduce DUI charges and strip away inflated enhancements like endangerment. Our team lives and breathes DUI defense, and we’re ready to review every inch of your case.
Make the Right Call
If your Indiana DUI / OVWI charge includes “endangering a person,” don’t take it lying down. Let us fight the enhancement, scrutinize the evidence, and protect your record.
Call the Marc Lopez Law Firm at 463-282-3514. We’ll talk DUI / OVWI defense all day.
And remember—always plead the 5th.