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Being arrested for drunk driving in Indiana is one of the most stressful moments a person can experience. The stop happens fast, the officer believes you are intoxicated, and suddenly you are facing a criminal charge that could affect your license, your job, your freedom, and your future. In Indiana, drunk driving is formally called Operating a Vehicle While Intoxicated. Many people still use the terms OWI, DUI, and OVWI, but they all refer to the same basic allegation. The State claims that you operated a vehicle while intoxicated or while your blood alcohol concentration exceeded the legal limit.
If this is your first time being charged with a criminal offense, the fear is real. You want to know what penalties you are facing. You want to know whether you are going to jail. You want to know how serious the situation is and what a criminal defense attorney can actually do to help you.
At the Marc Lopez Law Firm, our attorneys handle Indiana OWI cases every day. This guide explains the levels of OWI charges under Indiana law, the penalties that attach to each level, and why choosing the right criminal defense attorney is one of the most important decisions you will make.
Operating a vehicle while intoxicated means you used a vehicle while your mental or physical abilities were impaired by alcohol or drugs. Indiana also makes it illegal to operate a vehicle with a blood alcohol concentration of at least 0.08. The State does not need both impairment and a chemical test result. One or the other is enough for an arrest.
The penalties for a drunk driving charge depend on the specific facts of your case. Indiana law breaks OWI offenses into multiple levels, and the consequences increase as the severity increases.
A first time OWI is often charged as a Class C misdemeanor. This is the lowest level of drunk driving offense in Indiana. A Class C misdemeanor is punishable by up to 60 days in jail. In many cases, the court is not going to require additional jail beyond the initial arrest. Most people spend only the first night in custody before being released on bond.
Examples of conduct that can lead to a Class C misdemeanor include:
This lower level charge does not mean the case is trivial. A conviction creates a criminal record, the possibility of jail time, carries court costs and probation requirements, and often results in a driver’s license suspension. Even a first offense can place serious pressure on your employment and daily life. A criminal defense attorney can review the stop, the field sobriety tests, and the chemical test results to identify weaknesses in the State’s case.
Indiana prosecutors often attempt to increase an OWI from a Class C misdemeanor to a Class A misdemeanor based on an allegation of endangerment. A Class A misdemeanor carries a maximum penalty of 365 days in jail and a 5,000 dollar fine.
Endangerment does not require an accident or injury. The threshold is surprisingly low. The State only needs to claim that your driving created a risk of harm. That risk can involve you, another driver, or a passenger.
Examples of conduct that prosecutors often charge as endangerment include:
Many people are surprised to learn that you can be charged with endangering yourself. If you are intoxicated and driving at a high rate of speed, the State can claim you created a danger for your own well being and elevate the charge.
Although many people charged with Class A or Class C misdemeanor drunk driving do not receive additional jail time beyond their initial arrest, sentencing decisions depend heavily on the facts of the case, the county, the prosecutor, and the judge. A skilled criminal defense attorney can help you avoid the harshest penalties and protect your record.
Indiana law allows first time drunk driving charges to be filed as felonies in several circumstances. A felony charge exposes you to the possibility of prison time, long term license consequences, and a criminal record that can affect employment, housing, and professional licensing. Felonies should never be handled without an experienced criminal defense attorney.
If you operate a vehicle while intoxicated and have a passenger under the age of 18 in the car, the State can file your case as a Level 6 felony. This applies even if there is no accident and no speeding. The mere presence of a minor passenger is enough for a felony filing.
A Level 6 felony carries up to two and a half years in the Indiana Department of Correction. For parents and caregivers, this type of charge is especially alarming. A conviction can affect child custody arrangements, employment, and community reputation. A criminal defense attorney can challenge the stop, question the officer’s observations, and examine the chemical testing procedures in order to reduce or eliminate the charge.
If an accident occurs and another person suffers serious bodily injury, the State can file felony charges even if this is your first DUI. Serious bodily injury can include broken bones, injuries requiring hospitalization, or any condition that places the victim at risk of long term harm.
These cases move quickly and are often handled by specialized prosecutorial units. The potential penalties are severe. The State will attempt to connect the injury to intoxicated operation, even in situations where weather, road conditions, or the actions of the other driver contributed to the crash. A criminal defense attorney can investigate the collision, consult experts, and challenge the State’s conclusions.
If a person dies as the result of a crash involving intoxicated driving, the State will file felony charges that carry significant prison exposure. These are some of the most serious cases in Indiana’s criminal justice system. The law allows the State to pursue enhanced penalties, and judges treat these cases with considerable gravity.
A criminal defense attorney can examine the chain of events that led to the crash, review the chemical test procedures, and investigate alternative explanations for the collision. The facts matter. Serious OWI cases must be handled with careful strategy and experienced representation.
OWI cases involve legal issues that most people are not prepared to handle alone. A criminal defense attorney can:
Your rights matter. The State is required to prove every element of the offense, and a criminal defense attorney ensures that you are treated fairly and lawfully.
The Marc Lopez Law Firm represents clients charged with OWI, DUI, and OVWI throughout Indiana. Our firm is known for strong advocacy, careful case analysis, and client centered representation. We understand that a drunk driving arrest can disrupt every part of your life. You deserve a criminal defense attorney who treats your case with urgency and respect.
Our approach is simple. We listen. We investigate. We defend. Every client receives personal attention and a legal strategy tailored to their specific circumstances. If you are charged with drunk driving, do not face the State alone. Get help as soon as possible.
If you or a loved one has been charged with OWI or DUI in Indiana, contact the Marc Lopez Law Firm today. Call 463-363-0588 to schedule a consultation. Our team is ready to help you understand your rights, protect your future, and move forward with confidence.
And always remember to plead the Fifth.