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

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The Statutory Definition of Burglary in Indiana

Under IC 35-43-2-1, burglary is defined as knowingly or intentionally breaking and entering into a building or structure with the intent to commit a felony or theft inside. The severity of the charge depends on various aggravating factors, such as the type of structure entered and whether the defendant was armed or caused bodily injury.

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1. Challenging the Evidence 
   • One of the primary defense strategies is to challenge the prosecution’s evidence. This can involve questioning the credibility of witnesses, disputing the authenticity of physical evidence, or highlighting inconsistencies in the accuser’s statements.
     

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Understanding Domestic Violence Charges 

Domestic violence involves abusive behavior in a domestic setting, typically involving intimate partners, family members, or cohabitants. The abuse can be physical, emotional, sexual, or psychological. Indiana law defines domestic violence broadly, covering various acts intended to control or harm a household member. 

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