Child Passenger OWI in Indiana | Why a Child in the Vehicle Changes Everything
OWI Defense Attorneys
Child Passenger OWI in Indiana
Many drivers are shocked to learn that the presence of a child passenger can dramatically change an OWI case.
A person who expected to face a misdemeanor may suddenly find themselves charged with a felony.
The reason is simple:
Indiana law treats impaired driving with a child passenger much more seriously.
Quick Answer
Indiana law allows certain OWI offenses to be elevated to a felony when the driver is at least 21 years old and is alleged to have operated a vehicle while intoxicated with a passenger under 18 years of age in the vehicle. The presence of a child passenger can significantly increase the seriousness of an OWI case.
Why Does a Child Passenger Matter?
A child passenger can elevate what might otherwise be a misdemeanor OWI into a felony-level offense. This increases the range of penalties and possible outcome.
Many people do not discover this until formal charges are filed.
Common Situations We See
Most child-passenger OWI cases do not involve malicious conduct.
Common situations include:
Driving home from dinner
Returning from a sporting event
Driving children home from family gatherings
Custody exchanges
Holiday celebrations
Many drivers are surprised to learn how seriously prosecutors and courts treat these allegations.
Why These Cases Require Immediate Attention
A child-passenger allegation often changes:
Charge level
Plea negotiations
Sentencing considerations
Driver’s license issues
Family concerns
Because the consequences can be substantial, these cases should be evaluated early.
The Biggest Mistake We See
The biggest mistake is assuming:
“It is just a first-offense OWI.”
The child-passenger allegation may dramatically change the legal landscape.
Possibly. License consequences are often one of the most important issues in any OWI case. A child passenger can make plea negotiations regarding a suspension more challenging.
Should I hire an attorney immediately?
Yes. Felony allegations require immediate attention and planning. In some situations, a Level 6 felony can be reduced to a Class A misdemeanor. It’s important to contact an experienced OWI attorney.
FREE LEGAL CONSULTATION
Talk to an experienced criminal attorney now.
You need to act fast to protect your rights. Certain defenses and motions must be filed prior to deadlines set by the court. Our experienced criminal defense attorneys will develop a strategy to attack the evidence in your case. Schedule a free consultation now.
