What Are OWI Enhancing Circumstances?

When a person is charged with operating a vehicle while intoxicated (OWI) in Indiana (essentially the same as a DUI, or driving under the influence, in other states), the lowest possible offense is a Class C misdemeanor. Conviction for a Class C misdemeanor can result in a sentence of up to 60 days in jail and a fine of up to $500, plus the loss of driving privileges. However, there are various “enhancing circumstances” that can result in the OWI being charged as a more serious offense than a Class C misdemeanor. The term “enhancing circumstances” often applies to drug crimes under the Indiana Code, but it is also a broader term that means the offense occurred under circumstances where there was an additional factor or factors that make the offense more serious.

Depending on the situation, and the “enhancing” circumstances of your OWI, you could be facing more serious misdemeanor or even felony charges. Our Indianapolis OWI defense lawyers can explain in more detail, and we can begin working with you today to build a strong defense to the charges you are facing.

Having a Blood Alcohol Concentration of 0.15 Percent or Higher

Even for a first offense, if you are arrested for an OWI and have a blood alcohol concentration of 0.15 percent or higher, you can be charged with a Class A misdemeanor under IC 9-30-5-1(b).

OWI with Endangerment

Under IC 9-30-5-2, if you are arrested for an OWI and you were operating the vehicle “in a manner that endangers a person,” you will face a Class A rather than a Class C misdemeanor.

Previous OWI Convictions 

Previous OWI convictions result in more serious charges under IC 9-30-5-3. The increased severity of the charge will depend on the details of your previous convictions, up to the possibility of a Level 5 felony.

OWI with a Passenger Under 18

Under IC 9-30-5-3, if you are arrested for an OWI and have a passenger under the age of 18 in the vehicle at the time of the OWI, you will face a Level 6 felony.

OWI with Serious Bodily Injury

An OWI that results in serious bodily injury to another person is charged as either a Level 6 or Level 5 felony under IC 9-30-5-4, depending on whether or not you have a previous conviction.

OWI Resulting in Death 

An OWI that results in the death of another person is charged as either a Level 5 or Level 4 felony under IC 9-30-5-4, depending on whether or not you have a previous conviction.

Contact Our Indianapolis OWI Defense Lawyer for Assistance Today 

Are you facing serious misdemeanor charges or felony charges in connection with an OWI in Indiana? If so, it is critical to work with one of the experienced Indianapolis OWI defense attorneys at Rigney Law LLC to develop a defense strategy that is tailored to the facts of your case. It is important to keep in mind that even a Class A misdemeanor conviction can result in a sentence of up to one year in jail, and a felony conviction can result in years in prison in addition to other long-lasting repercussions. Contact our firm today to begin working on a defense to the OWI charges you are facing.

Source:

statecodesfiles.justia.com/indiana/2016/title-9/article-30/chapter-5/chapter-5.pdf