A felony operating-while-intoxicated charge brings consequences that extend beyond a typical misdemeanor case. A conviction may involve incarceration and restrictions on your driving privileges. It may also affect parts of your life long after the criminal case ends. An Indianapolis Felony DUI Lawyer can examine why prosecutors elevated the offense and whether the evidence supports the felony classification.
Indiana uses the term operating a vehicle while intoxicated, or OVWI, rather than DUI or DWI in its statutes. A DUI defense attorney reviewing a felony OVWI allegation should consider both the underlying offense and the basis for the enhancement. At Eskew Law, we take a direct, personal approach so you understand the charge and the decisions that may shape your defense.
Under Indiana Code § 9-30-5-3, a new OVWI offense can be charged as a Level 6 felony when you have a prior OVWI conviction from the preceding seven years. The statute also permits a Level 6 felony charge in specified circumstances involving a driver who is at least 21 and a passenger younger than 18. A qualifying prior conviction involving death or serious bodily injury can support a Level 5 felony enhancement. For someone seeking an attorney for a felony-level OVWI case in Indianapolis, the facts supporting that enhancement deserve close attention.
The prosecution may need to establish more than the underlying OVWI offense to support the higher charge. A prior conviction must meet the statutory requirements if it is being used as an enhancement. We examine the relevant records and the charging allegations to determine whether the State can support the felony classification.
Felony classifications carry substantially greater sentencing exposure than misdemeanor OVWI charges. Sentencing exposure ranges from six months to two and one-half years for a Level 6 felony and from one to six years for a Level 5 felony. A felony conviction may also result in a fine of up to $10,000, depending on the classification.
Serious bodily injury can increase that exposure further. Under Ind. Code § 9-30-5-4, OVWI causing serious bodily injury is a Level 5 felony and may be elevated to a Level 4 felony when a qualifying prior OVWI conviction falls within the statutory period. A Level 4 felony carries a possible prison term of 2 to 12 years. Working with a lawyer for a serious drunk driving charge in Indianapolis helps you consider those potential consequences alongside your defense strategy.
A felony case requires careful review of both the OVWI evidence and the alleged enhancement. The defense may question whether the officer had lawful grounds for the stop. Chemical testing may present separate issues involving administration or documentation. The State must still prove the elements required for conviction beyond a reasonable doubt.
Choosing a defense lawyer for serious OVWI charges in Indianapolis also means looking beyond the traffic stop itself. Your prior record may affect how the case is charged, while the timing of an earlier conviction can determine whether an enhancement applies. We examine the prosecution’s evidence before deciding which legal issues deserve priority. Our goal is to give you a clear assessment grounded in the facts of your case.
A felony OVWI case requires a defense that accounts for both the intoxication allegation and the reason prosecutors increased the charge. Working with an Indianapolis felony DUI lawyer can help you understand what the State must prove while clarifying how the alleged enhancement may affect the direction of your case.
Eskew Law provides practical, personal guidance for people facing serious OVWI charges. Contact us for a free consultation to discuss your circumstances and learn which defense options may be available based on the evidence.
Facing legal issues can be very overwhelming. Defending against criminal charges, navigating a personal injury claim, and advocating for yourself during a family law case can be difficult when you’re also balancing all your other responsibilities. At Eskew Law, we know how challenging this time can be for you, and we are dedicated to making it easier for you and your family.
If you are looking for a compassionate lawyer serving Indianapolis with integrity and professionalism, look no further than Eskew Law. With over seventy-five years of experience serving clients in Indiana, we are confident that we can help you get the answers you need and reach the resolution you deserve in your case.
