Most drunk driving charges in Indiana are misdemeanors, but some cases can become felonies under specific circumstances. That usually happens when the case involves a prior OWI conviction, a crash causing serious injury or death, or a high blood alcohol level with a minor in the vehicle.
What facts can support a felony charge?
Indiana can elevate an OWI charge when the facts show more than a routine impaired-driving arrest. Prior convictions, injury-related allegations and child-endangerment concerns can all change the level of the offense and the possible penalties. Indiana guidance on how OWI offenses can lead to more serious charges also helps explain the rules behind a felony enhancement.
A felony charge changes how the case should be handled
A felony OWI case may involve challenges to the traffic stop, chemical testing, prior convictions or the evidence tying the driver to an injury-related offense. Those issues can affect the defense strategy and the possible outcome. When the state seeks a felony enhancement, the defense may need to focus not only on whether the driver was impaired, but also on whether the prosecution can prove the added facts required for the higher charge.
A lawyer who handles felony OWI allegations can review how police gathered the evidence, whether the enhancement fits the facts and what options may be available in response to the charges.
Serious charges can feel isolating
A felony accusation can affect work, family responsibilities and the future long after the case ends. The charge is serious, but that does not mean you have to handle the case alone. Working with an OWI attorney can provide you with experienced legal counsel and a staunch defense.
