An Indiana OWI conviction can affect far more than your criminal record.
Potential consequences may include:
Driver’s license suspension
Many people immediately ask:
Will I go to jail?
While that is an important question, it is often not the only issue. Driver’s license consequences, employment concerns, professional licensing issues, insurance costs, and university discipline proceedings may also become significant factors.
The seriousness of an OWI depends upon the specific facts of the case, the driver’s history, and whether aggravating circumstances are present.
There is no single penalty that applies to every Indiana OWI case.
Indiana OWI penalties vary depending on factors such as prior convictions, alcohol concentration equivalent (ACE), child passengers, accidents, injuries, and driver history.
Potential consequences may include:
Many people are surprised to learn that the most important issue immediately after an OWI arrest is often their ability to continue driving rather than the maximum possible sentence.
Because every case is different, understanding the offense level and potential penalties is only the first step.
Indiana law creates several different OWI offenses. The potential penalties depend upon the specific charge, the driver’s history, and whether aggravating circumstances are present.
A person who operates a vehicle while intoxicated commits a Class C misdemeanor.
Potential Penalty:
Although this is the lowest-level OWI offense, a conviction can still carry significant driver’s license, insurance, employment, and professional licensing consequences.
Many OWI cases are charged as Operating While Intoxicated Endangering a Person.
Potential Penalty:
This is one of the most commonly filed OWI charges in Indiana.
Indiana law imposes enhanced penalties when a driver’s alcohol concentration is significantly above the legal limit.
Potential Penalty:
A high BAC often becomes an important factor during plea negotiations, sentencing discussions, and treatment recommendations.
Indiana law treats OWI cases involving child passengers much more seriously.
A person who is at least 21 years old and operates a vehicle while intoxicated with a passenger under 18 years of age may face a Level 6 felony.
Potential Penalty:
One of the most common ways an OWI becomes a felony is when the driver has a prior OWI conviction within the previous seven years.
Potential Penalty:
This is one of the most common felony OWI scenarios we see in practice.
Potential Penalty:
These cases often involve extensive medical records, accident reconstruction, and expert testimony.
Potential Penalty:
These cases carry life-changing consequences and frequently involve extensive investigation and litigation.
HVSO is not a separate OWI offense.
Instead, it is a sentencing enhancement that may be added to an underlying OWI conviction.
Potential Enhancement:
Additional 1 to 8 years imprisonment
Many attorney websites simply list the maximum penalties and stop there.
The reality is more complicated.
Two drivers charged with the same offense may face very different outcomes depending on factors such as:
The statute may tell you the maximum possible penalty.
It does not tell you what issues will actually drive the outcome of your case.
Most OWI cases become more or less serious based on six primary factors:
Nothing affects an OWI case more than a prior OWI conviction.
A prior conviction can:
Increase penalties
Create mandatory requirements
Elevate a misdemeanor to a felony
Affect driver’s license consequences
For more information, see our Felony OWI page.
Many people assume the biggest concern is jail.
For many drivers, the most immediate problem is actually their driver’s license.
Issues may include:
Court-ordered suspensions
Administrative suspensions
Specialized Driving Privileges
Ignition interlock
Out-of-state license consequences
For more information, see:
Indiana treats OWI cases involving child passengers much more seriously.
Many drivers are surprised to learn how significantly a child passenger can affect an OWI case.
For more information, see our Child Passenger OWI page.
Indiana has special laws that apply to drivers under age 21.
Many students and parents are surprised to learn that a driver under 21 can face legal consequences at a much lower BAC than the traditional .08 standard.
Most OWI arrests do not involve serious injuries.
However, when injuries occur, the case often becomes significantly more serious.
Potential issues include:
Serious bodily injury
Major medical expenses
Accident reconstruction
Expert testimony
Felony allegations
Some drivers face allegations involving prior alcohol-related driving offenses.
These cases often involve additional legal issues and potential enhancements.
This is the most common question we hear.
The honest answer is:
It depends.
Many people charged with OWI have never been arrested before.
Others have prior alcohol-related convictions.
The answer depends on:
Criminal history
Prior OWI convictions
BAC level
Child passengers
Accidents
Injuries
Other aggravating factors
Because every case is different, there is no universal answer.
For a detailed discussion, see:
Many drivers assume OWI is always a misdemeanor.
That is not true.
The most common felony OWI situation involves a prior OWI conviction.
Other circumstances can also elevate a case to a felony.
Examples include:
Prior OWI convictions
Child passengers
Serious bodily injury
Death
Certain repeat-offender situations
For a detailed discussion, see:
Felony OWI in Indiana
Indiana law imposes additional requirements when a driver has prior OWI convictions.
Those requirements may include:
Mandatory incarceration or community service
Alcohol assessment
Treatment recommendations
Alcohol-abuse programming
These requirements can apply even when the current offense would otherwise appear relatively routine.
This is one reason prior OWI history is so important.
Sometimes.
One of the most overlooked issues in OWI cases is whether a felony conviction may later be reduced to a misdemeanor.
This opportunity does not exist in every case. However, in certain situations, a Level 6 felony can be reduced to a Class A misdemeanor.
An experienced attorney may negotiate provisions that allow future reduction after successful completion of probation and other requirements.
Because these opportunities often arise during plea negotiations, they should be considered early rather than after sentencing.
One of the biggest misconceptions after an arrest is believing the outcome can be predicted from the charging information alone.
Experienced OWI attorneys evaluate:
Chemical testing
Driving history
Criminal history
Police reports
Witness statements
Aggravating factors
License consequences
before making recommendations.
Every case requires an individual analysis.
Many important driver’s license issues begin before the Initial Hearing.
For many people, the most immediate problem is loss of driving privileges.
The difference between a first offense and a repeat offense can be enormous.
Employment, professional licensing, education, and future opportunities can all be affected. It’s important to get an attorney who is experienced in OWI defense and knows how to develop a strategy go get the best possible result.
The driver’s history, BAC level, prior convictions, child passengers, accidents, injuries, and many other factors.
The answer depends on the facts of the case and the driver’s history.
See our First Offense OWI Jail page.
Most commonly when a person has a prior OWI conviction, although other aggravating circumstances can also elevate the offense.
Possibly. Driver’s license consequences are often one of the most important issues in an OWI case.
Sometimes. This issue should often be considered during plea negotiations.
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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