If you’re wondering, “Is a DUI a Felony in Indiana?” Yes, a DUI (or DWI) can be classified as a felony in Indiana, but only under specific circumstances. Understanding how to determine whether a charge of misdemeanor or felony DUI is crucial. Indiana law categorizes these offenses based on specific factors that can impact the severity of the charges.
We will discuss the difference between Indiana misdemeanor and felony DUIs.
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call us: 317-526-4630What Is the Difference Between a Misdemeanor and a Felony DWI?
The main difference between a felony DUI and a misdemeanor is the offense level. Indiana’s first DUI is usually a misdemeanor when the driver’s BAC is more than 0.08%, but no one is hurt or injured. A DUI becomes a felony with repeat offenses, serious injuries or deaths, or if the driver is on a suspended license, leading to harsher penalties.
How Indiana Classifies DWI Offenses?
Indiana uses blood alcohol content (BAC) as the main measure of intoxication and determining DUI charges. Below is how BAC levels affect driving and lead to offenses:
- 0.02 BAC: Some loss of judgment; reduced ability to perform two tasks simultaneously. Predictable impacts include slower reaction times.
- 0.05 BAC: Impaired coordination and reduced alertness make driving harder, particularly in emergencies.
- 0.08 BAC: Muscle coordination becomes poor, and judgment is significantly impaired. This is the legal limit—operating a vehicle at or above this level is illegal and considered a DUI.
- 0.15 BAC: Extreme loss of balance, loss of vehicle control, and severe impairment of cognitive and motor functions.
When Does a DWI Become a Felony in Indiana?
The offense of Driving While Intoxicated (DWI) is treated with seriousness in the state of Indiana. While many instances are classified as misdemeanors, specific circumstances can escalate the charge to a felony. Drivers should know when a DWI is a felony so they can understand just how severe it is.
DWI Offenses That Qualify as Felonies
There are several circumstances that make a DUI a felony in Indiana. The most common are:
Repeat DWI Offenses
A prior DUI 7 years would elevate a fresh DUI to the status of Level 6 felony, with heavier penalties to avoid repeat DWIs.
DWI Involving Serious Injury or Death
Serious injury or death DUIs are 4th or 5th-degree felonies, with imprisonment and substantial fines due to high victim impact.
Driving with a Suspended License or Prior Convictions
Operating while intoxicated with a suspended license or prior felonies leads to more severe punishment for disregarding the law.
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Penalties for a Felony DWI in Indiana
Felony DUIs carry substantial penalties designed to deter harmful behaviors. If charged and convicted, you may face:
Jail Time and Fines for Felony DWIs
A Level 6 felony DUI can result in 2.5 years of imprisonment and a $10,000 fine. In instances of severe injury, a Level 5 felony DUI carries a sentence of 1 to 6 years of imprisonment. A Level 4 felony DUI, where there is a fatality, may be sentenced to prison for as long as 12 years.
License Suspension or Revocation
Felony DUI offenders can sometimes get away without any license suspension. However, your license can be for 180 days to 10 years and may mandate ignition interlock devices to test for sobriety.
Additional Consequences, Such as Probation and Treatment Programs
Along with fines and jail, individuals may face substance abuse programs, community service, and strict probation.
How a Felony DWI Impacts Your Future
The felony DWI offense has serious consequences that affect many areas of your life, including:
Difficulty Securing Employment
Felony convictions appear on background checks, and this causes difficulty for people securing employment.
Challenges with Housing and Financial Aid
A felony on your record can make it difficult to get housing or qualify for financial aid programs since landlords and institutions usually conduct background checks.
Long-Term Legal and Social Consequences
Felony convictions lead to losing certain rights, including voting or the right to own firearms.
When I represent a client I not only look to get them the best possible outcome I can on their case, I also try to help them in all other aspects to make sure they are getting back on track in hopes that they don’t have to deal with the criminal justice system again. We insist that our attorneys provide excellent communication and I strive to be an example of that to the attorneys that work for me in my firm. I want all my clients to know I’m here for them and to feel comfortable that if they have an question or concern about their case it will be addressed.
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Defending Against a Felony DWI Charge in Indiana
If you’re facing felony DUI charges, a strong legal defense is crucial. While every case is unique, common defense strategies include:
Common Defense Strategies Used in DWI Cases
- Challenging BAC Results: BAC testing can yield inaccurate results due to improper calibration or administration of the equipment.
- Proving Lack of Probable Cause: Evidence may be inadmissible in court if law enforcement lacks a valid reason for the traffic stop.
- Identifying Procedural Errors: Any missteps in the arrest process could weaken the prosecution’s case.
The Importance of Hiring an Experienced Indiana DWI Attorney
If you are charged with a felony DUI or have a friend or loved one who is charged with a felony DUI, Indiana DWI attorney Banks & Brower would like to discuss your case today. Proper legal representation is the foundation of a solid defense. Call now.
Banks & Brower is an Indianapolis-based firm focusing in criminal defense, personal injury, and family law. With over 80 years of combined legal experience, we bring valuable knowledge and insights to every case. Our clients face challenges such as major felony charges, DUIs, and sex crimes. We listen carefully to every client and craft personalized strategies to achieve the best possible outcomes. Banks & Brower is the law firm Indianapolis residents trust in times of need. 
