What is an OWI with Endangerment?
If you are charged with operating a vehicle while impaired (OWI) in Indiana — you will likely be facing a Class C misdemeanor under IC 9-30-5. The charges can be more serious where certain aggravating factors are present or for subsequent offenses, or for an arrest after multiple convictions, you could be facing felony charges.
One type of enhancing circumstance that can result in more serious criminal charge is OWI with endangerment. Our Indianapolis OWI defense lawyer can tell you more, and we can speak with you today about building a defense against the charges you are facing.
Understanding OWI Charges
In order to understand charges for an OWI with endangerment, it is important to have a broader understanding of OWI charges in general under IC 9-30-5. Under IC 9-30-5-1, a person can face Class C misdemeanor charges for a first-time OWI offense, which means one of the following:
- Operating a vehicle with a blood alcohol concentration of at least 0.08 percent but less than 0.15 percent; or
- Operating a vehicle with a controlled substance listed in schedule I or II, or its metabolite.
For a first-time offense with a blood alcohol concentration of 0.15 or higher, it is a Class A misdemeanor.
OWI with Endangerment
Under IC 9-30-5-2(b), a person can face more serious charges if their OWI results in endangerment. More specifically, the statute states that a person who would otherwise face Class C misdemeanor charges under one of the above circumstances will face Class A misdemeanor charges — a more serious charge that is just below a felony — “if the person operates a vehicle in a manner that endangers a person.”
In order to face elevated charges for an OWI with endangerment, there is no requirement of actual injury or harm. In fact, if a person is physically injured as a result of an OWI, the driver will typically face felony charges. Rather, an OWI with endangerment simply means that the driver’s behavior could have caused physical harm to another person. Examples of operating a vehicle in a manner that endangers a person may include but are not limited to:
- Swerving across lanes or into bicycle lanes;
- Driving at erratic speeds, including speeding up or slowing down;
- Speeding;
- Running a stop sign or red light; or
- Having passengers who are minors in the car.
Contact Our Indianapolis OWI Defense Attorneys for Assistance
Are you currently facing Class A misdemeanor charges for an OWI with endangerment? It is essential to seek legal help with your defense. One of the experienced Indianapolis OWI defense lawyers at Rigney Law LLC can begin working with you on your defense today. Contact us to get started.
Source:
statecodesfiles.justia.com/indiana/2016/title-9/article-30/chapter-5/chapter-5.pdf