At the Marc Lopez Law Firm, we hear this question all the time:
“I got pulled over for a DUI. They’re saying I endangered someone—but I was by myself. How is that possible?”
“I’ve been charged with OWI in Indiana, and no one else was even on the road. How can they say I endangered someone?”
Take a deep breath. It might look worse than it is—but that’s exactly why we need to talk. Let’s start at the beginning.
A Quick Primer on Indiana OWI Charges
In Indiana, an Operating While Intoxicated (OWI) charge typically starts as a Class C misdemeanor. That means you’re looking at up to 60 days in jail and a $500 fine. Still serious, but not catastrophic.
Then comes the twist: if the State decides you’ve committed endangerment, the game changes. That same charge gets bumped to a Class A misdemeanor. Now you’re facing up to a year in jail and a $5,000 fine. All because of one little word: endangerment.
The wild part? You don’t have to actually hurt anyone—or even come close. All it takes is the possibility that someone could have been endangered.
Let that sink in.
What Counts as Endangerment in Indiana?
Here’s where things start to get frustrating. You might assume that to be charged with OWI endangerment, you must have swerved into someone’s lane, caused a crash, or forced another driver off the road. But nope. Not even close.
In Indiana, potential danger is enough. And “potential” is doing a lot of heavy lifting here.
Here’s what might qualify as endangerment:
- Swerving within your lane
- Crossing the center line
- Speeding—especially 15+ mph over the limit on highways
- Accelerating or braking erratically
- Taking off too fast from a stoplight
- Falling asleep in a running vehicle
But No One Was Hurt… So What?
We get it. It’s easy to feel blindsided when the charge includes “endangerment” but you weren’t involved in a crash, and nobody had to swerve or brake to avoid you.
Unfortunately, the legal system doesn’t always align with common sense. Prosecutors can—and do—lean on the broad interpretation of endangerment. Why? Because DUI cases are politically unpopular. Judges don’t like them. Prosecutors don’t like them. And the legislature sure doesn’t like them.
Bottom line? They have no problem stacking on extra charges.
Why This Matters So Much
That bump from a Class C to a Class A misdemeanor may not sound dramatic, but here’s what it means in practical terms:
- A higher maximum jail sentence
- A higher fine
- More pressure to accept a plea deal
- Greater difficulty keeping your record clean
- Potential consequences for your job, license, and insurance
And if there was any sort of crash or near miss, or if you had a passenger—especially a minor—that could escalate things even further.
So What Can You Do?
First things first: Don’t panic. These charges may be serious, but they’re not unbeatable or cannot be mitigated. And they don’t automatically mean you’re going to jail or losing your license.
Here’s what we recommend:
1. Call an Attorney Immediately
This is not the time to play legal roulette. A qualified OWI attorney—preferably one who fights these charges every day—can make a massive difference in how your case plays out.
2. Understand What the State Needs to Prove
In any criminal case, the burden of proof is on the prosecution. For OWI endangerment, they need to show you operated a vehicle while intoxicated and that your behavior created a risk of harm to others. That’s not always a slam dunk.
We’ve taken these cases to trial and successfully argued that the State’s version of “endangerment” was too vague or overreaching.
3. Get Ahead of the Game
We help our clients start working on their case from Day One. Whether it’s completing approved substance abuse evaluations, taking proactive classes, or documenting your efforts to get your life back on track—these steps can change how the judge and prosecutor view you.
A good outcome doesn’t happen by accident. It happens when you show you’re not a threat, and you’re willing to take responsibility.
Final Thoughts: Endangerment Is a Legal Buzzword
Endangerment in Indiana OWI cases is overused and poorly defined. We push back against it all the time. And we’re proud of that.
If you’ve been charged with OWI and you see “endangerment” tagged on like an afterthought, don’t assume the worst. Let us help you fight it. This is one of our firm’s top priorities—protecting people from overcharged, overpoliced DUI allegations.
Let’s talk strategy, call the Marc Lopez Law Firm at 463-842-1724 and remember—always plead the 5th!
