Indianapolis OWI Causing Serious Bodily Injury Lawyer

An OWI charge becomes an entirely different legal situation the moment someone is seriously hurt. Indianapolis OWI causing serious bodily injury is not a standard drunk driving case. It is a Level 5 felony under Indiana law, and prosecutors pursue it with the same intensity they bring to violent crimes. The difference between a misdemeanor OWI and this charge is not just a matter of degree. It changes the court that handles your case, the sentencing exposure you face, the complexity of the evidence against you, and what your life looks like if convicted.

Indiana law defines serious bodily injury to include broken bones, deep lacerations, organ damage, disfigurement, loss of consciousness, and any injury that creates a substantial risk of death. These categories are broad enough that a crash resulting in a single broken bone can support a felony charge. Prosecutors do not need a catastrophic outcome to charge you. They need an injury that fits the statutory definition, and they will argue that it does.

What happens next depends heavily on the decisions made in the days immediately following the arrest. Evidence gets collected quickly. Witnesses get interviewed. Accident reconstruction begins. The decisions you make early, including whether you have a lawyer with real courtroom experience in Indiana felony cases, shape the trajectory of everything that follows.

What Makes These Cases Harder to Defend Than Standard OWI

A routine OWI case often centers on a few core issues: the traffic stop, the field sobriety testing, the chemical test result, and the circumstances of the arrest. When serious bodily injury is part of the charge, the evidentiary picture expands significantly. Now there is an accident reconstruction, medical records from the injured party, potentially multiple witnesses, and often video from traffic cameras or dashcams. The State has more evidence, more theory, and more motivation to push for conviction.

In Marion County, these cases go to the criminal division of the Marion Superior Court rather than the traffic courts that handle standard OWI matters. That alone changes the dynamic. Felony prosecutors are more experienced and more resourced than those handling misdemeanor dockets. They will work with accident reconstructionists, forensic toxicologists, and sometimes the injured party’s own attorneys, who may be simultaneously pursuing a civil claim. Rigney Law LLC understands that dynamic and prepares accordingly.

The serious bodily injury element also opens up questions about causation that do not exist in a simple OWI. The prosecution has to prove that the defendant’s impaired driving caused the injury. That link is not always as straightforward as it sounds. Another driver’s conduct, road conditions, vehicle defects, or the injured party’s own actions may have played a role. A lawyer who only looks at whether the breath test result was above the legal limit is missing half the defense.

Why Rigney Law LLC for an Indianapolis OWI Felony Charge

Jacob Rigney and Kassi Rigney built their firm around criminal defense in Indiana. Not as one practice area among many, but as the focus of everything they do. Their backgrounds are rooted in understanding how Marion County prosecutors think, how Indianapolis courts operate, and where the pressure points are in a criminal prosecution. As Jacob Rigney’s profile notes, great criminal defense is not made in law school. It takes years of going into court day after day and doing the actual work. That kind of practical experience matters in a felony OWI case where the prosecution has significant resources on their side.

Rigney Law LLC approaches felony OWI defense with the same preparation they bring to any serious criminal charge. They have publicly committed to coming in early, working late, and doing what it takes to put clients in the best position possible. For a charge like OWI causing serious bodily injury, that preparation includes reviewing accident reconstruction reports critically, examining the chain of custody on blood or breath test evidence, analyzing whether the initial traffic stop was lawful, and identifying every weakness in the prosecution’s theory of causation. These are not afterthoughts. They are the foundation of the defense.

The Charges That Commonly Arise in Indianapolis OWI Injury Cases

• OWI Causing Serious Bodily Injury: Charged as a Level 5 felony under Indiana law, this offense applies when an impaired driver causes an injury meeting the statutory definition of serious bodily injury. Convictions can result in one to six years of imprisonment plus significant fines, and the record consequences are lasting.
• OWI Causing Death: When a crash fatality results from an alleged impaired driving incident, charges escalate to a Level 4 or Level 3 felony depending on the circumstances. These cases involve homicide-level investigation and prosecution intensity.
• Reckless Driving Causing Serious Bodily Injury: Sometimes charged alongside or instead of OWI, this charge is relevant in cases where impairment evidence is contested but driving conduct is not. Negotiated outcomes sometimes involve movement between these charges.
• Leaving the Scene After an Injury Crash: Indiana law imposes a duty to stop and render aid after an accident involving injury. Leaving the scene adds a separate felony charge and severely damages credibility in the underlying OWI case.
• Driving While Suspended Aggravating the OWI Charge: If the driver was operating on a suspended license at the time of the injury crash, this creates an additional layer of exposure and affects both charging decisions and sentencing.
• Prior OWI Convictions Elevating the Charge: A prior OWI conviction within a certain number of years can elevate the severity level of the new charge, converting what might otherwise be a lower-level felony into something that carries a mandatory enhanced sentence.

What to Do After an OWI Arrest Involving an Injured Party in Indianapolis

The period immediately after arrest is the most critical for your defense. Law enforcement will be collecting evidence aggressively, and anything you say, post on social media, or do publicly can be used against you. Do not discuss the accident with anyone other than your attorney. That includes family members, because those conversations may not be privileged, and it includes social media, because prosecutors look.

OWI causing serious bodily injury cases in Marion County are handled through the Marion Superior Court criminal divisions, located at the City-County Building in downtown Indianapolis. An initial hearing will be scheduled relatively quickly after arrest, and the charges and bail conditions set at that hearing will shape the next several months of your case. Having a lawyer before that first appearance is not a luxury. What happens at the initial hearing affects your freedom while the case is pending.

Preserve everything you can from the night of the incident. This means physical evidence, clothing, communications, and any photographs you may have taken. It also means identifying witnesses who were present and may have relevant observations about the conditions of the road, the actions of other drivers, or your conduct and demeanor. Memories fade quickly and witnesses become harder to locate over time.

Your driver’s license will almost certainly be affected immediately following an OWI arrest in Indiana. The administrative process for license suspension runs parallel to the criminal case, and there are short deadlines to request a hearing if you want to contest that suspension. Missing those deadlines can result in an automatic suspension that takes effect regardless of what happens in the criminal case. Rigney Law LLC handles both the criminal defense and the license rehabilitation side of OWI cases and can address both at the same time.

Do not attempt to contact the injured party or their family. This is one of the most common and most damaging mistakes people make. Those communications can be construed as admissions, attempts to influence witnesses, or evidence of consciousness of guilt. Let your attorney handle any contact that needs to happen.

How Felony OWI Defense Actually Works in Practice

The defense of an OWI causing serious bodily injury case runs along several parallel tracks. The first is challenging the evidence of impairment itself. That means reviewing how field sobriety tests were administered and scored, examining whether the breathalyzer or blood draw was conducted in compliance with Indiana testing protocols, and assessing whether any medical conditions, prescription medications, or environmental factors could account for the indicators police observed. Blood test results, which are common in serious injury cases, go through a chain of custody that must be documented and verified. Any gap in that chain is a legitimate issue for the defense.

The second track is causation. A prosecutor handling an Indianapolis OWI injury attorney case must prove that your impairment caused the accident and the resulting injury. That is a distinct element from proving that you were impaired. Accident reconstruction experts can be retained to independently analyze the crash data. If another vehicle contributed to the collision, if road conditions were hazardous, or if the injured party was not wearing a seatbelt and that contributed to the severity of the injury, those facts belong in the defense analysis.

The third track is sentencing preparation. Even when the evidence of guilt is substantial, the range of possible sentences under Indiana law for a Level 5 felony is wide. Judges have discretion. Mitigating factors, including the defendant’s background, absence of prior criminal history, acceptance of responsibility, and demonstrated steps toward addressing any underlying alcohol problem, can influence where within that range the sentence falls. An OWI defense attorney in Indianapolis who only focuses on guilt or innocence without thinking about sentencing is not giving their client a complete representation.

Questions People Ask About Indianapolis OWI Injury Charges

What is the difference between a standard OWI and OWI causing serious bodily injury in Indiana?

A standard first-offense OWI in Indiana is typically charged as a misdemeanor, carrying up to a year in jail and handled in lower-level courts. OWI causing serious bodily injury is a felony, which means longer potential sentences, a more complex legal process, higher stakes on appeal, and significantly greater consequences for your record and civil rights. The presence of a seriously injured party also adds evidentiary complexity and emotional weight that does not exist in a routine OWI case.

Can I be charged with this crime if my blood alcohol level was below the legal limit?

Yes. Indiana’s OWI statute covers impairment, not just per se violations based on BAC. If the prosecution can show you were impaired by alcohol, drugs, or a combination at the time of the crash, a BAC below 0.08 does not necessarily prevent a charge. This is particularly relevant in cases involving prescription drugs, marijuana, or situations where the defendant’s tolerance affects how the BAC registers relative to their actual impairment level.

Will I lose my driver’s license immediately after this type of arrest?

Indiana law authorizes administrative license suspension following an OWI arrest. The timeline and duration depend on several factors, including whether you submitted to chemical testing and whether you have prior OWI history. There is a short window after arrest to request an administrative hearing to contest the suspension. If you miss that window, the suspension becomes automatic. An Indianapolis OWI attorney can address both the criminal case and the license issue simultaneously.

Is jail time mandatory for a conviction on this charge?

Indiana sets sentencing ranges for felony offenses, and judges have discretion within those ranges. For a Level 5 felony, the advisory sentence is three years, with a range of one to six years. Whether you serve time in prison, in a community corrections program, or through a combination of arrangements depends on your prior record, the specific facts of the case, and how the defense frames mitigating circumstances at sentencing. There is no universal mandatory minimum for this charge level, but the prosecution will often seek incarceration in cases involving serious injuries.

Can the injured person sue me in civil court even if I am acquitted in the criminal case?

Yes. A criminal acquittal does not bar a civil lawsuit by the injured party. The standards of proof are different, and what does not meet the burden in criminal court can still support liability in a civil action. Rigney Law LLC focuses on criminal defense, but understanding that civil exposure exists is important context when making decisions about how to handle the criminal case. Statements made in criminal proceedings can be introduced in civil litigation.

What role does accident reconstruction play in these cases?

Law enforcement typically deploys a crash reconstruction unit to serious injury OWI accidents in Indianapolis. Those reconstructionists produce reports that estimate speeds, point of impact, braking distances, and other technical details. The prosecution will use those reports to support their theory of how the accident happened. The defense can retain independent reconstruction experts who may reach different conclusions or identify methodological problems in the original analysis. This is a significant area of contested expert evidence in serious injury OWI cases.

Does it matter which part of Indianapolis the crash happened in for purposes of which court handles my case?

Cases arising within Marion County, which includes Indianapolis and its consolidated city-county government, are handled in Marion Superior Court. The specific division may vary based on docket assignment, but they all operate under the same rules and are located at the downtown City-County Building. If the crash occurred in a surrounding county such as Hamilton, Hendricks, or Johnson County, the case would be filed in that county’s Superior or Circuit Court, and the specific prosecutor’s office handling it would differ.

Can this felony OWI conviction be expunged from my record in Indiana?

Indiana’s expungement statute allows for sealing of certain criminal records, including some felony convictions, but the waiting periods are longer and the eligibility rules are more restrictive for felonies than for misdemeanors. Whether a specific OWI felony conviction is eligible for expungement depends on the level of the felony, the sentence received, and the time that has passed since conviction. Rigney Law LLC also handles Indiana expungement matters and can advise on what relief may eventually be available after a case is resolved.

What happens if the injured person was also partially at fault for the accident?

The injured party’s own conduct is relevant to the causation element of the charge. If the other driver ran a red light, was speeding, or otherwise contributed to the collision, that evidence belongs in the defense. Indiana’s criminal causation standard requires that the defendant’s impairment was a cause of the injury, not the sole possible cause. Shared fault situations can weaken the prosecution’s causation theory and are worth examining carefully in accident reconstruction and witness interviews.

How quickly should I contact a lawyer after this type of arrest?

Immediately. Law enforcement will begin collecting evidence the same night as the arrest. The prosecution will receive lab results and investigation reports within days. The administrative license suspension clock starts running right away. The sooner a lawyer is involved, the more options exist for preserving evidence, identifying defense issues early, and being in a position to respond effectively to what the prosecution is building. Waiting weeks or months does not help the defense and often means losing access to time-sensitive evidence.

Defending Indianapolis OWI Injury Cases Across Marion and Surrounding Counties

Rigney Law LLC represents clients throughout Indianapolis and the broader central Indiana region. Within Indianapolis and Marion County, this includes residents and visitors from the Broad Ripple area, Fountain Square, Irvington, Lawrence, Beech Grove, Southport, Pike Township, Warren Township, and the Near Northside and Near Southside neighborhoods. Cases arising from incidents on key corridors including I-465, I-70, I-65, U.S. 31, and I-865 within Marion County are routinely handled in Marion Superior Court, where the firm has substantial familiarity with the local criminal court process.

Beyond Marion County, the firm also represents clients in Hamilton County, including Carmel, Fishers, Noblesville, and Westfield. Hendricks County clients from Plainfield, Avon, Brownsburg, and Danville have access to the same representation. Johnson County cases from Greenwood, Bargersville, and Franklin are also within the firm’s service area. The same is true for clients in Boone County, including Zionsville and Lebanon, as well as Morgan County and Putnam County matters for defendants whose cases arise in those jurisdictions. The firm’s focus on Indiana criminal defense means that geographic familiarity across central Indiana courts is part of what they bring to every case.

Talk to an Indianapolis OWI Injury Attorney Before the Prosecution Gets Further Ahead

Rigney Law LLC offers free consultations for people facing OWI charges in Indianapolis and throughout Indiana. If you are dealing with a felony charge after an accident, the earlier you have an Indianapolis OWI injury attorney reviewing your case, the better positioned you will be. Jacob Rigney and Kassi Rigney are available to walk through what happened, explain what you are facing under Indiana law, and discuss what a realistic defense looks like for your specific situation. Call the firm directly to schedule your free consultation.