Indiana law has a range of penalties that a court could impose if someone is convicted of operating a vehicle while impaired. While any OWI conviction will have significant consequences, some people might not worry too much about those they will face if it is their first offense. Often, but not always, prosecutors and courts can be relatively lenient to those who can demonstrate that this was a one-time slip-up that they are unlikely to repeat.
What some people fail to realize is that even if a charge was a first offense, the circumstances involved could make the potential consequences of a conviction much more serious than they would otherwise be.
Aggravating factors
The following factors could convince prosecutors that a first-time OWI, which would usually be considered a misdemeanor, should be processed as a felony offense.
- A very high blood alcohol content (BAC): The standard limit for a DUI is 0.08%, but at just under double that (0.15%), felony charges would apply.
- Carrying minors: Adults have an extra responsibility toward minors, so driving while impaired with one in the vehicle is considered a grave breach of responsibility.
- Seriously injuring or killing someone: If an impaired driver causes serious or fatal injuries in a crash, the offense will be considered a felony. This would also likely apply if a police dog or horse is killed in the collision.
- Previous OWI convictions: A previous conviction for OWI can raise the new charge to a felony in certain circumstances.
An OWI is a serious charge that could quickly become even more serious if the prosecution argues there were aggravating factors at play. If you’re facing this charge, learning more about your defense options is crucial.
