One of the most common questions people ask after being charged with felony OWI is:
“How can this be a felony?”
Many drivers assume OWI is always a misdemeanor.
That is not true.
Indiana law contains several situations that can elevate an OWI from a misdemeanor to a felony.
Some occur frequently.
Others are relatively rare.
The most common reason an OWI becomes a felony in Indiana is a prior OWI conviction within the prior 7 years. Other situations that can elevate an OWI to a felony include having a child-passenger, serious bodily injury, or death.
By far the most common felony OWI situation involves having a prior OWI conviction within the previous 7 years. This elevates a misdemeanor offense to a Level 6 felony.
Many people are surprised to learn that a prior conviction can significantly change how the current case is charged and resolved.
A prior conviction often creates consequences that go far beyond simply increasing the charge level. When a person has a felony OWI conviction, there are mandatory additional penalties that include community service or jail time.
Another common felony OWI situation involves allegations that a child passenger was in the vehicle.
Many people are shocked to discover that the presence of a child passenger can dramatically increase the seriousness of the case. An otherwise misdemeanor OWI will be charged as a Level 6 felony if there was a minor passenger.
These situations require immediate and careful evaluation.
Serious bodily injury cases are less common but significantly more serious.
These cases often involve:
Accidents
Medical records
Causation issues
Expert testimony
Because of the complexity involved, these cases frequently require a different level of investigation.
OWI causing death cases are among the most serious criminal cases in Indiana.
These cases involve unique legal, factual, and emotional issues and require immediate attention.
Indiana law imposes additional requirements when a person has prior OWI convictions.
A person with one prior OWI conviction may face mandatory requirements involving either:
A period of incarceration, or
Community service
along with alcohol and drug assessment and treatment requirements.
A person with two or more prior OWI convictions faces even greater mandatory requirements and could be charged as a habitual vehicular substance offender.
These consequences exist in addition to the underlying criminal charge itself.
This is one reason prior OWI history becomes such an important issue in felony OWI cases.
Yes.
One of the most overlooked issues in felony OWI cases is the possibility of later reducing a Level 6 felony conviction to a misdemeanor.
If a person meets certain eligibility criteria, this can happen at the end of a period of probation if negotiated in a Plea Agreement.
This issue should often be considered during plea negotiations rather than after sentencing.
The biggest mistake people make is focusing only on the immediate charge.
A felony OWI case often requires planning far beyond the next court date.
Issues may include:
Driver’s license consequences
Probation
Employment concerns
Professional licensing concerns
Future sentence modification to reduce a felony to a misdemeanor
Strategic decisions made early in the case can have long-term consequences.
The most common reason is a prior OWI conviction. Child passengers, serious bodily injury, and death can also elevate an OWI to a felony.
Yes. Certain aggravating circumstances can result in felony charges even without a prior OWI conviction.
Every case is different. The answer depends on the facts, criminal history, and how the case is ultimately resolved. In some cases, a jail or prison sentence can be served on community corrections. Community corrections refers to any of work release, house arrest, or day reporting.
Sometimes. A Level 6 felony can be reduced to a Class A misdemeanor in certain situations. This issue should often be considered during plea negotiations and prior to sentencing.
Yes. Felony OWI cases involve significant consequences and strategic decisions that should be addressed early.
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.
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