Understanding Endangerment in Indiana DUI / OWI Cases

What Does “Endangerment” Mean in OWI Cases?

When you hear “Operating a Vehicle While Intoxicated” (OWI) with an endangerment charge, it sounds serious—like you were driving recklessly and putting lives at risk. But let’s break it down. “Endangerment” in this context simply means that your driving behavior posed some risk. It’s a term that covers a wide range of actions, many of which might not seem dangerous to you or anyone else. So, what does it actually mean?

The Elements of OWI with Endangerment

To understand this better, let’s look at the elements of the charge. You’re dealing with five parts:

1. Operating
2. A vehicle
3. While intoxicated
4. While endangering
5. A person

We’ll focus on the endangerment part, as it often causes the most concern. Many clients call in a panic, believing they must have driven like a maniac. However, the threshold for what constitutes endangerment is surprisingly low.

Common Examples of Endangerment

Here are some typical scenarios that qualify as endangerment:

1. Crossing the Center Line: This is the most common example. Even a brief swerve over the line can be enough.
2. Weaving Within Your Lane: Yes, even slight weaving is considered endangerment. The earth’s curvature makes it impossible to drive in a perfectly straight line, but Indiana law doesn’t consider this.
3. Crashing: Any type of crash, no matter how minor, can be used as evidence of endangerment.

The point is, you don’t need to be involved in a dramatic incident to face an endangerment charge. Simple, everyday driving behaviors can meet the criteria.

Why Endangerment Matters

The main reason endangerment is important is that it escalates the charge from a Class C misdemeanor to a Class A misdemeanor. This change increases the maximum jail time from 60 days to a full year, making it a much more serious issue on your record.

Fighting the Endangerment Charge

Removing the endangerment element can significantly improve how your case looks to employers, friends, and family. “Operating a Vehicle While Intoxicated” is much easier to explain than “endangering everyone.” Many people also argue, “I was alone on the road, how could I have endangered anyone?” Unfortunately, Indiana law allows for what we call a “phantom person”—the mere possibility that someone could have been endangered is enough.

The Low Burden of Proof

Indiana law sets a very low bar for proving endangerment. Essentially, if your actions could potentially endanger someone else, that’s sufficient for the charge to stick. This includes hypothetical scenarios where no actual person was present.

Additional Action Required

The law also requires more than just intoxication to prove endangerment. There needs to be additional evidence of dangerous behavior. For example, getting pulled over for a taillight violation isn’t enough to prove endangerment. There must be more tangible evidence of risky driving.

Case in Point

I once prosecuted a case where a driver was convicted of endangerment for having a broken taillight. The Court of Appeals overturned this, stating that an equipment malfunction alone isn’t enough to prove endangerment. This case illustrates that the evidence must show more than just intoxication to uphold an endangerment charge.

Make The Right Call

When you see the term “endangerment,” don’t panic. It’s a legal term that covers a wide range of behaviors, many of which are minor. The key is to let your attorney handle these details. If you have questions about OWI and endangerment charges, feel free to call me at 463-282-3514, and remember—always plead the Fifth!