Not all DUIs are misdemeanors, and the difference matters
Many people assume a DUI is always a misdemeanor. In Boone County, that assumption can be costly. While most drunk driving cases do start as misdemeanors, there are several situations where an OWI, DUI, or OVWI charge is elevated to a felony. When that happens, the penalties increase fast, and the stakes become much higher.
If you or a loved one is facing an OVWI charge, understanding whether it’s a misdemeanor or a felony is critical. The outcome can affect your freedom, your driver’s license, and your future.
DUI, OWI, and OVWI: What’s the Difference?
In Indiana, “DUI” is a commonly used term, but the formal charge is Operating a Vehicle While Intoxicated (OVWI). You may see OWI, DUI, or drunk driving used interchangeably, but they all refer to intoxicated driving offenses under Indiana law.
A misdemeanor OVWI may be charged when:
- Your BAC is .08 or higher but under .15
- There is no accident or injury
- There are no prior DUI convictions
- No minors were in the vehicle
But that’s not the whole story.
When a DUI Becomes a Felony in Boone County
A DUI can quickly cross the line from misdemeanor to felony based on specific aggravating factors. Some of the most common include:
Prior DUI Convictions
If you have a prior DUI conviction within the past seven years, a new OVWI charge becomes a Level 6 felony. This is true even if the current case would otherwise be considered minor.
Causing an Accident With Injuries
Even a first-time DUI can become a felony if you cause an accident that results in injuries. Depending on the severity, prosecutors may file a Level 6 felony, Level 5 felony, or higher.
A Minor in the Vehicle
If a minor passenger is in the vehicle at the time of the stop, even without a crash, the charge can be elevated to a Level 6 felony. This includes situations where your BAC is barely over the legal limit.
These factors turn what many people expect to be “just a misdemeanor” into a felony case with long-term consequences.
Misdemeanor vs. Felony DUI: Why the Difference Matters
The difference between a misdemeanor and felony DUI isn’t technical, it’s life-changing.
Misdemeanor DUI Penalties
- Up to 1 year in jail
- Up to $5,000 in fines
- Driver’s license suspension
- Probation and court-ordered programs
Felony DUI Penalties
- 6 months to 2.5 years in prison (or more, depending on level)
- Up to $10,000 in fines
- Extended license suspension
- Alcohol monitoring (BACtrack or ankle monitor)
- Mandatory treatment programs
- Felony conviction on your permanent record
In some cases, multiple prior offenses can lead to a habitual traffic violator designation. That can mean:
- Up to 10 years of license suspension
- Additional prison exposure
- Even fewer options for future relief
Administrative Penalties Can Make Things Worse
Even separate from the criminal case, the Indiana BMV can impose administrative suspensions. These can stack on top of court penalties and last far longer than most people expect, especially if your driving record already has issues.
This is where many people get blindsided.
What to Do If You’re Charged With a Felony DUI in Boone County
A felony OVWI charge is not something to “wait and see” about. Prosecutors move quickly, and early decisions can shape the entire case.
If you’re facing a felony DUI, a criminal defense attorney can:
- Analyze whether the felony enhancement is legally valid
- Challenge prior convictions used to elevate the charge
- Examine traffic stops, testing procedures, and accident claims
- Push back against excessive sentencing exposure
- Protect your license and future where possible
Every detail matters. Small differences in timing, testing, or prior history can change the outcome.
Make the Right Call Now
A felony DUI charge can expose you to years, not months, of consequences. If you were charged with an OWI, DUI, or OVWI as a felony in Boone County, you need answers, not assumptions.
The Marc Lopez Law Firm handles criminal defense and DUI cases every day. We understand how quickly these cases escalate and what it takes to fight back.
Call 463-238-4579 to schedule a consultation.
And remember, always plead the Fifth.
