Is Driving Under the Influence a Felony or Misdemeanor in Indiana?

Driving under the influence (DUI)— has a slightly different name in Indiana Code: Operating a Vehicle While Intoxicated (or “OWI”) in Indiana—is a serious offense that can turn a routine drive into a life-altering legal battle. If you’ve been arrested or charged with an OWI, or are simply curious about the consequences, one of the first questions you might ask is: Is it a felony or a misdemeanor? The answer depends on several factors, including your prior record, the circumstances of the incident, and Indiana law. At Harshman Ponist Smith & Rayl, LLC we’re here to break it down for you in plain English—and help you understand what you can do about it.

DUI/OWI Basics: What Indiana Law Says

In Indiana, operating a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher—or while impaired by alcohol or drugs—qualifies as an OWI. The state takes these charges seriously due to the potential danger to public safety. But whether your OWI is classified as a misdemeanor or felony hinges on specific details. Let’s explore the key distinctions.

When Is OWI a Misdemeanor?

For most first-time offenders, an OWI is charged as a **Class C misdemeanor** in Indiana. This applies if your BAC is between 0.08% and 0.14%, and there were no aggravating factors like an accident or injury. Penalties for a Class C misdemeanor OWI can include:

Up to 60 days in jail
Fines up to $500
License suspension for up to one year

If your BAC is 0.15% or higher, or if your driving endangered a person (including yourself!) the charge escalates to a **Class A misdemeanor**, which carries stiffer penalties: up to one year in jail and fines up to $5,000. While these misdemeanor charges are serious, they’re generally less severe than felony convictions. However, even a misdemeanor OWI can impact your job, insurance rates, and reputation.

When Does OWI Become a Felony?

An OWI becomes a felony in Indiana under specific circumstances, often tied to repeat offenses or severe outcomes. Here are the most common scenarios:

1. Prior Convictions: If you’ve had an OWI conviction within the past seven years, a new OWI charge can be elevated to a Level 6 felony. Penalties include 6 months to 2.5 years in prison and fines up to $10,000. A third offense within seven years could push it to a Level 5 felony, with even harsher consequences.

2. Injury or Death: If your impaired driving causes serious bodily injury, you could face a Level 5 felony, punishable by 1 to 6 years in prison. If someone dies as a result, it becomes a Level 4 felony—or higher—carrying 2 to 12 years behind bars.

3. Endangering a Minor: Driving with a minor in the vehicle while intoxicated can also bump the charge to a felony, reflecting Indiana’s commitment to protecting vulnerable passengers.

Felony OWIs carry long-term consequences, including a permanent criminal record, extended license suspension, and mandatory alcohol treatment programs, and potential mandatory jail time. The stakes are high, making legal representation critical.

Factors That Influence the Charge

Prosecutors and courts consider more than just your BAC or prior record. Aggravating factors—like speeding, fleeing the scene, or refusing a chemical test—can tip the scales toward harsher charges. On the flip side, a clean record and cooperation might lead to reduced penalties. An experienced Indiana attorney can argue these details to protect your rights.

Why Timing Matters in OWI Cases

In Indiana, you have a narrow window to act after an OWI arrest. For example, you can request a hearing to challenge a license suspension within 10 days. Missing this deadline—or failing to address the charge promptly—could limit your options. The sooner you consult a lawyer, the better your chances of minimizing the damage.

How Harshman Ponist Smith & Rayl, LLC Can Help

At Harshman Ponist Smith & Rayl, LLC, we understand the fear and uncertainty that come with an OWI charge. Whether it’s your first offense or a potential felony, our Indianapolis-based attorneys bring deep knowledge of Indiana law to every case. We’ll:

Review the evidence, including police reports and BAC tests, for errors
Negotiate with prosecutors to reduce charges or penalties
Fight for you in court if needed

Our goal is simple: to protect your future. Don’t let an OWI derail your life.

Final Thoughts: Misdemeanor or Felony, We’re Here for You

So, is driving under the influence a felony or misdemeanor? It depends on your history and the specifics of the incident. What doesn’t change is the need for skilled legal help. At Harshman Ponist Smith & Rayl, LLC, we’re committed to guiding Indiana residents through OWI charges with clear advice and aggressive advocacy. Don’t face this alone—reach out today at call us at (317) 964-6000 or visit HPindiana.law to get started. We are your trusted counsel close to home.