If you are facing DUI charges in Anderson, IN, you are most likely feeling frightened and overwhelmed about what will happen as your case progresses through the criminal justice system. A DUI conviction can result in severe consequences, including license suspension, steep fines, and jail time. Even so, a felony DUI could result in being sentenced to serve prison time and leave you with a permanent criminal record that could haunt you for the rest of your life.
If you have been charged with a felony DUI, you should seek qualified legal representation immediately. Contact our law firm today to schedule a consultation and let us put our experience to work for you.
Understanding DUI vs. OWI in Indiana
Although many Hoosiers use the term “DUI” when talking about “driving under the influence”, the correct legal term used in Indiana statutes is OWI (operating under the influence). But in Indiana, the terms DUI, DWI, and OWI all refer to the same offense.
Anyone found operating a motor vehicle with a blood alcohol content (BAC) over 0.08% or higher or while under the influence of controlled substances can be charged with an OWI.
What Elevates a DUI to a Felony in Indiana and What Penalties Apply?
An OWI may become a felony if specific legal conditions are met, including prior offenses, bodily injury, a minor in the vehicle, high BAC, or death. Notably, Indiana has “presumptive” middle (advisory) sentences for OWI offenses that act as a starting point for Madison County Circuit Court judges when determining the minimum time a defendant must serve. For example, an advisory sentence at Level 6 is one year, at Level 5 is three years, and at Level 4 is 6 years.
Prior OWI Convictions
You may be charged with a Level 6 felony OWI if it is your second offense within the past 7 years. A level 6 felony is punishable by 6 months to 2.5 years in prison and a $10,000 fine.
OWI Causing Serious Bodily Injury
If the OWI resulted in a victim suffering a serious bodily injury, you may be charged with a Level 6 felony, also punishable by up to a maximum of 2.5 years imprisonment and a $10,000 fine.
OWI Causing Death
An OWI causing death charge is a serious offense and may be charged as a Level 5 felony depending on the circumstances involved. If convicted of a Level 5 felony, you face a sentence of 1 to 6 years in prison and a $10,000 fine.
The charge may be elevated to a Level 4 felony if you have a previous OWI within the last 10 years, your driving privileges are suspended from a prior offense, or you had a BAC of 0.15% or higher. A Level 4 felony is punishable by a sentence of 2 to 12 years and a $10,000 fine.
OWI with a Minor in the Vehicle
If you had a child in the vehicle when you were arrested, it can elevate what could have been a misdemeanor into a Level 6 felony with an advisory sentence of at least one year imprisonment.
BAC of 0.15% or Higher with Aggravating Factors
A high BAC of 0.15% or higher, combined with other aggravated factors such as prior offenses, having a minor in the vehicle, or causing serious bodily injury or death, can result in you being charged with a level 4 to 6 felony OWI, depending on the circumstances. If the case involves the death of another, you face a Level 4 felony charge punishable by 2 to 12 years in prison and a fine of up to $10,000.
Additional Consequences of a Felony DUI in Indiana
Aside from criminal penalties and steep fines, if you are convicted of a felony OWI, you will also have to contend with collateral consequences that extend far beyond having to serve jail and having to pay fines. Having a felony conviction can negatively impact your ability to obtain gainful employment, find suitable housing, and your right to own or possess a firearm.
Other consequences include:
- Adherence to all probation conditions imposed by the court
- Minimum two-year license suspension, with a possible lifetime suspension for habitual offenders
- Mandatory ignition interlock device after license reinstatement, with duration determined by the court
- Court-ordered substance abuse evaluation and treatment
Defense Strategies for Felony DUI Charges in Indiana
Madison County prosecutors and judges take OWI charges seriously and often pursue the maximum penalties upon conviction. If you have been arrested and charged with a felony DUI charge, you should seek qualified legal representation immediately. An experienced criminal lawyer can build a robust defense tailored to the circumstances involved in the case.
Common defense strategies include:
- Examining whether the officer had legal grounds to initiate the traffic stop
- Challenging the administration and accuracy of field sobriety, breathalyzer, and chemical tests
- Presenting evidence that demonstrates you have a medical condition that affected field sobriety tests or the BAC results, such as diabetes or GERD
- Making the argument that your BAC was below 0.08% when you were operating the vehicle, but increased when the tests were administered
Plea Negotiations
Depending on the details of the case, your defense attorney may work with the prosecutor to reach a plea deal that reduces the felony charge to a misdemeanor. Madison County prosecutors are often willing to reduce Level 6 felony OWI charges if there was no bodily injury or the BAC was not excessively high.
Why You Need a Criminal Defense Lawyer for a Felony DUI in Anderson, Indiana
Hiring a qualified criminal defense lawyer is the most effective way to protect yourself from the severe penalties and collateral consequences of a felony OWI conviction, which could include being sentenced to prison or an extended loss of driving privileges.
Zaki Ali Trial Lawyers has extensive experience representing clients charged with felony OWIs in Anderson’s Superior Court and throughout Madison County. If we agree to take your case, we will professionally assess the evidence and work to identify weaknesses in the state’s case.
Contact 833-ZAKI-ALI (1-833-925-4254) today to schedule a consultation.
