Were you arrested in Indianapolis because an officer believed you were driving while impaired? If so, you may have concerns about what happens next and what consequences you might face. Driving under the influence (DUI), also known as operating while intoxicated (OWI), is a serious criminal offense in Indiana.
One of the primary questions most people have following a DUI arrest in Indianapolis is this: “Is DUI a felony, or is my charge a misdemeanor?” This is a legitimate and understandable question, as felony offenses often carry harsher penalties and can have greater long-term consequences than misdemeanors.
However, any DUI offense, felony or misdemeanor, can have serious implications for your future. Hiring a well-qualified criminal defense lawyer for Indianapolis DUI crimes is an essential step in mitigating or avoiding these consequences.
What Constitutes DUI in Indianapolis?
You may already be familiar with one way of committing DUI in Indiana and other states: driving with an elevated blood alcohol content. If law enforcement officers stop you and you submit to a breath or blood test, and the results of that test are 0.08 or greater, you can be found guilty of DUI. However, this is not the only way you can be found guilty of DUI.
No matter your BAC, if you are found to be under the influence of alcohol, drugs, or a combination of the two and you cannot safely drive your vehicle, you can face DUI charges. In this case, the prosecutor does not need to prove your precise BAC or even that the drugs you were using were illegal.
Refusing a breath or blood test does not undo your DUI arrest or prevent future charges. The officer, prosecutor, and court can choose to infer that you refused a breath or blood test because you knew you were too intoxicated to drive and find you guilty of DUI as a result. Moreover, your license will be suspended for refusing to take the test.
Is DUI a felony in one situation and not the other? Not always. The way you are found to be under influence, whether by an elevated BAC or demonstrable impairment, is just one factor among several that affects your charges.
Misdemeanor vs. Felony: DUI Classifications in Indiana
Is a DUI a felony or misdemeanor in Indiana? The answer is, “It depends.” The facts of your DUI arrest and previous record are key factors in determining how severe the penalties for your DUI will be. So, when does DUI become a felony in Indiana? All you need to consider are the facts of the case itself.
Indiana law identifies several aggravating factors or circumstances that, if present, make a DUI charge a felony instead of a misdemeanor. Generally, misdemeanors are punishable by a jail sentence and have penalties that are less severe than felonies. Any term of confinement ordered because of a felony conviction is served in prison, not jail.
Penalties and Consequences of a Felony DUI
First offense DUI penalties in Indiana include jail time, fines, and other conditions. You could face between 30 days and one year in jail, depending on your blood alcohol concentration. Your BAC can also determine the fine the court can impose, which can range from $500 to $5,000.
The court can also sentence you to probation and order you to complete drug or alcohol treatment. Finally, the state would suspend your license for between 90 days and two years for your first DUI conviction.
Is DUI a felony in your case? If you’re convicted of a felony DUI, Indiana consequences are serious. Your felony DUI could be a Level 6, Level 5, or Level 4 felony, depending on the specific facts of your case. The penalties for each level of felony are:
- Level 6 felonies are punishable by between six months and 30 months in prison and up to $10,000 in fines
- Level 5 felonies come with a prison sentence that can range from one to six years in prison and a maximum fine of $10,000
- Level 4 felonies are punished by between two and twelve years in prison and up to $10,000 in fines
As with DUI misdemeanors, felony DUI convictions in Indiana can also include terms of probation, mandatory alcohol or drug treatment, ignition interlock devices, substance abuse evaluation, and license suspension.
You will also have a felony conviction on your criminal record, which can make it difficult to get certain jobs, maintain professional licenses, or obtain housing.
How a DUI Charge Escalates to a Felony in Indianapolis
Do you want to know, “Is DUI a felony in my case?” If so, you only need to examine the details of your specific situation. There is no one-size-fits-all answer to the question of whether DUI is a felony or misdemeanor in any given case. Instead, several aggravating factors in Indiana DUI cases can raise your charge to a felony:
Repeat Offender
Repeat DUI laws in Indiana hold that a second DUI becomes a Level 6 felony if you were previously convicted of DUI within the preceding seven years. Like other states, Indiana includes DUI convictions from other states as prior convictions when deciding the question, “Is DUI a felony in your case?”
Presence of a Minor
Drivers over 21 who drive while intoxicated with someone under 18 in their car can be charged with a felony if their driving endangers the minor’s life. Proof of speeding, failing to keep within a single lane, or reckless driving can be sufficient to support a felony DUI charge.
Serious Injury or Death
An impaired driver who causes a serious injury or death to someone else can be found guilty of a Level 5 felony. The felony is elevated to a Level 4 if the driver’s alcohol concentration is 0.15 or greater. Serious injuries can include broken bones, traumatic brain injuries, and disfiguring injuries.
In every case where the question, “Is a DUI a felony?” is raised, the burden is always on the prosecution to prove it is beyond a reasonable doubt.
Why Experienced Legal Counsel Matters in Felony DUI Cases
Indiana police and prosecutors want you to believe that DUIs are simple, open-and-shut cases and that blood or breath alcohol test results are irrefutable. Neither one of these claims is true. DUI cases can involve complicated factual and legal issues, and the consequences of a DUI conviction can be significant even for a first-time offender.
For this reason, it is highly recommended that you employ an experienced felony DUI attorney in Indianapolis quickly after your arrest. With your attorney’s help, you can assess the strength of the state’s case and your defense, strategizing on how best to emphasize the weaknesses of the prosecutor’s case and the strengths of yours.
Also, your lawyer will be better equipped to discuss plea deals and alternative resolutions to your DUI charges with the prosecutor. This frees you from the anxiety and stress that can accompany trying to argue with the other side about why your DUI charges and the associated penalties should be reduced or dismissed.
Navigating a Felony DUI Charge: What to Do Next
You should begin thinking about your drunk driving defense in Indianapolis the moment you are arrested for DUI. Whether you agree to testing or not, the officer can arrest you for DUI if they have probable cause to believe you were driving while intoxicated. You will not likely succeed in talking or negotiating your way out of an arrest.
Instead, focus on providing the officer with as little information as necessary. You must provide them with your name and other identifying information, but you do not need to tell officers how much you drank, where you were drinking, or if you felt you should have been driving. Instead, you can and should invoke your right to an attorney.
Soon after you ask for a lawyer, you should be given a chance to contact a DUI lawyer in Indianapolis. Your lawyer will then immediately get to work asking the court to release you on bail pending the resolution of your case. The attorney will also begin to receive police reports and other evidence related to your arrest.
As your case progresses, you can expect your attorney to look for weaknesses and gaps in the prosecution’s evidence. This includes legal issues with the officer’s stop and investigation, witness credibility problems, and defects and deficiencies that could have affected your test results.
Along the way, your lawyer will also explore potential defenses you have to the charges. For instance, you could have a viable defense against your DUI charges if you were not driving the vehicle, had certain medical issues, or had recently consumed certain food products before taking a breath test.
Know Your Rights and Defend Your Future
If you have been arrested and charged with DUI/OWI in Indiana, you might be asking yourself, “Is DUI a felony in Indiana?” Factors like previous convictions, BAC, and having a minor in the car can influence the classification of your charge.
The most appropriate place to get an answer about your case is Gemma & Karimi. We can answer this question along with others you might have about your case.
However, we are more than a source for information. We are fierce and effective advocates, dedicated to protecting you from fines, jail or prison sentences, and long-term consequences of a conviction. Whether you are charged with a misdemeanor or felony DUI, we will give your case the attention and focus it deserves. Contact us today.
