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Can Indiana charge someone with a felony OWI offense?

On Behalf of | Jul 24, 2024 | Criminal Defense

Operating while intoxicated (OWI) charges in Indiana can result in a variety of penalties. The courts can suspend someone’s driver’s license, order them to pay fines or even send them to jail after a conviction or guilty plea.

Quite a few drivers accused of OWI offenses plead guilty in the hope of avoiding the worst penalties possible. Frequently, those arrested for OWI offenses expect minimal penalties, especially if the situation does not lead to a crash. However, they may face more serious charges and penalties than they expected at the time of their arrest.

Most people don’t find it surprising to learn that Indiana prosecutors have the option of pursuing felony charges in scenarios where an allegedly drunk driver causes a crash that injures someone else or leads to someone dying. However, there are two other scenarios in which felony OWI charges might be possible.

When there is a minor in the vehicle

Provided that the impaired driver is illegal drinking age, the presence of a child under the age of 18 in the vehicle could exacerbate the charges they face and the penalties the courts might impose.

Those arrested for an OWI offense with a passenger under the age of 18, even if that passenger is their sibling or child, could face felony charges instead of less serious misdemeanor allegations.

When a driver has a recent prior offense

The other scenario in which Indiana prosecutors can pursue felony charges for an OWI involves a recent prior conviction. A driver facing a second or third OWI arrest within seven years of their last conviction is likely to face a felony charge for that new offense. Repeatedly violating the impaired driving statute is an adequate reason for the state to pursue enhanced charges against a motorist.

Felony charges carry more serious penalties than misdemeanor OWI charges. The criminal record they produce also tends to have more of an impact on someone’s future opportunities than a simple misdemeanor might. Choosing to defend against OWI charges can be particularly important in cases where the state can prosecute someone for a felony. There are many different defense strategies that can help those accused of consuming too much alcohol before driving to minimize the risk that they’ll be convicted.