OWI Offenses Involving Minors
The Indiana Code recognizes a wide range of criminal offenses that can arise out of operating a vehicle while intoxicated (OWI). Under Indiana law, an OWI can involve alcohol intoxication, drug or controlled substance intoxication, or a combination of the two. Depending on various factors, an OWI offense can be charged as a misdemeanor or a felony, and sentencing will depend on whether a person is facing a misdemeanor or felony charge and whether they are a first-time or repeat offender. Generally speaking, any time a person has a previous OWI conviction on their record, it is important to anticipate that the charges will be more serious with the possibility of a more severe sentence.
In terms of the specificity of OWI charges, there are different types of charges a person can face for an OWI involving a minor. In some cases, the minor is the person charged with the OWI offense. In other cases, the motorist facing OWI charges was driving with a minor in the vehicle or may have caused bodily injury or death to a minor. An Indianapolis OWI defense lawyer at Rigney Law LLC can explain in more detail.
Person Less Than 21 Years of Age Driving Under the Influence
A commonly charged OWI offense involving a minor is the Class C infraction identified under IC 9-30-5-8.5. This is an offense charged when a person less than 21 years of age is arrested for driving under the influence. More specifically, a minor under the age of 21 can face charges for this type of offense if they operate a vehicle with a blood alcohol concentration of anything at or above 0.02 percent but less than 0.08 percent. Once a minor has a blood alcohol concentration of 0.08 percent or higher, then they will face an ordinary OWI charge that will be charged as a misdemeanor (unless there are other factors involved in the case that could result in it being charged as a felony offense).
A Class C infraction is a minor offense that typically results in a fine and may result in suspension of the person’s driving privileges for up to one year. It is a lesser offense than a misdemeanor.
OWI with Passenger Less Than 18 Years of Age
If a person is at least 21 years old and commits an OWI with a passenger under the age of 18, they commit a much more serious OWI offense under IC 9-30-5-3. This is typically a Level 6 felony offense, although it can be charged as an even more serious Level 5 felony offense if there is a previous conviction of an OWI causing serious bodily injury or death.
A Level 6 felony can result in a sentence of up to 2.5 years in prison and a fine of up to $10,000.
Contact Our Indianapolis OWI Defense Lawyers for Assistance
If you are facing charges for any type of OWI offense involving a minor, regardless of whether these are first-time charges or not, it is critical to have an experienced lawyer on your side. Even a conviction for a first-time OWI can have significant consequences, especially for felony OWIs in Indiana. To begin working on the best defense strategy that is tailored to the facts of your case, you should get in touch with one of the experienced Indianapolis OWI defense attorneys at Rigney Law LLC as soon as possible. Contact us today to find out more about the defense services we provide to clients in Indiana and to get started on your OWI defense today.
Source:
law.justia.com/codes/indiana/title-9/article-30/chapter-5/
