When is an OWI Endangerment Enhancement a Felony?

Driving under the influence of drugs or alcohol is a very serious matter in Indiana and the penalties are very strict. However, if you behaved in a manner that was likely to cause serious injury while driving under the influence, it can make the situation much more severe. Sometimes it can even elevate a misdemeanor charge to a felony. Below, our Indianapolis felony OWI lawyer explains in greater detail.

What is an OWI in Indiana? 

Driving impaired in Indiana is referred to as operating while intoxicated (OWI). A person can face charges if they are driving with a blood alcohol concentration (BAC) of 0.08 percent or higher, or if they have certain controlled substances in their system. Drivers can also be charged with an OWI if they operate a vehicle in a manner that is unsafe.

Most OWIs in Indiana are charged as a Class C misdemeanor, which is punishable by a maximum fine of $500 and up to 60 days in county jail. Alternative sentencing is often available, particularly when it is a first offense, making jail time avoidable.

What is an OWI Endangerment Enhancement?

An OWI charge in Indiana can be enhanced when someone poses a risk to others, often referred to as OWI endangerment. This enhancement can turn a standard misdemeanor into a felony offense. According to the Indiana Code, endangerment occurs when someone drives their vehicle while intoxicated in a manner that places someone else in danger. When this enhancement applies, the prosecution does not have to prove that a person was injured, only that there was a reasonable chance they could have been.

Examples of driving behaviors that could result in an endangerment enhancement are as follows:

• Speeding excessively
• Driving aggressively
• Running stop signs or red lights
• Driving with passengers in the vehicle
• Veering into oncoming traffic
• Swerving across lanes of traffic
• Causing an accident
• Driving impaired close to bicyclists or pedestrians

Even with an endangerment enhancement, the above situations are still often charged as a Class A misdemeanor, punishable by a maximum fine of $5,000 and up to one year in jail.

When is OWI Endangerment a Felony?

Although many OWI endangerment charges are classified as misdemeanors, there are times when felony charges may apply. These include when:

• The driver was under the influence with a child passenger in the vehicle
• The driver has been charged with a previous OWI in the last seven years
• The driver had a BAC of 0.15 percent or more

The above offenses are typically classified as Level 6 felonies, punishable by a maximum $10,000 fine and between six months and two and a half years in prison. If someone was hurt or killed as a result, the offense can be upgraded to a Level 5, 4, or 3 offenses, punishable by a maximum $10,000 fine and years in prison.

Our Felony OWI Lawyers in Indianapolis Can Provide the Defense You Need

At Rigney Law, LLC, our experienced attorneys can prepare the strong defense you need to help you avoid enhancement convictions and the harsh penalties that come with them. Call us today at 317-623-0989 or contact us online to schedule a consultation and to learn more about how we can help.

Source:

iga.in.gov/laws/2025/ic/titles/9#9-30-5-2