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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Understanding Criminal Law in Indiana: The Basics

Criminal law governs actions that society deems harmful or dangerous, from theft and assault to drug offenses and beyond. In Indiana, these laws are enforced under the Indiana Code, and penalties can range from fines and probation to years in prison. What sets Indiana apart? Our state has its own unique statutes, sentencing guidelines, and court procedures that can catch even seasoned defendants off guard.

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What Constitutes a DUI in Indiana?

In Indiana, you can be charged with DUI if:

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