Operating a vehicle while intoxicated (OWI) is a serious crime, even at the misdemeanor level. This is considered a wobbler offense, which means it could be charged as a misdemeanor or felony, depending on the specific circumstances of your case.
It will be up to your DUI defense team to argue that your charges should remain at the misdemeanor level, where you will not be subject to the harsh penalties that come with a felony OWI conviction. Here is more about misdemeanor charges and what to expect if you are convicted.
Misdemeanor OWI Charges
The statute for Class C misdemeanor OWI charges can be found under IC 9-30-5-1. There are four different types of misdemeanor offenses related to operating a vehicle while intoxicated or impaired. These include:
- Class C per se misdemeanor OWIs
- Class A per se misdemeanor OWIs
- Class C misdemeanors “intoxicated”
- Class A misdemeanors “intoxicated”
Per Se Misdemeanor OWIs
Per se misdemeanor offenses apply to the amount of alcohol found in your blood or breath at the time of your traffic stop. According to IC 9-30-5-1(a), motorists are prohibited from operating a vehicle with a blood alcohol concentration (BAC) level of 0.08% or more. The statute specifically applies to instances where the defendant has a BAC level of at least 0.08% but less than 0.15%. This is a Class C misdemeanor, punishable by a fine of up to $500 and as many as 60 days in jail under IC 35-50-3-4.
Then there are Class A per se misdemeanor offenses. If you have a BAC level of 0.15% or higher, instead of your charges being classified at the Class C level, they will be classified at the Class A level. If you are found guilty of a Class A misdemeanor, you could spend up to 365 days in Indiana jail and be fined up to $500 per the statute.
Operating a Vehicle While Intoxicated Offenses
There are also two OWI offenses. The Class C misdemeanor OWI under IC 9-30-5-2 prohibits drivers from operating a vehicle while intoxicated or under the influence of a controlled substance, alcohol, or a combination of both, as described under IC 9-13-2-86. Class C misdemeanor OWI charges can be elevated to a Class A misdemeanor OWI offense if the individual was driving while intoxicated and caused severe bodily injury, death, or endangered someone else per IC 9-30-5-2(b).
Your Driver’s License Will Likely Be Suspended
One of the most common types of evidence used by law enforcement officials to secure a conviction is the chemical blood alcohol concentration
(BAC) test results. During the course of your traffic stop, the police will likely ask you to complete a breath or blood alcohol test. If the results show that your BAC levels are at 0.08%, you will likely be arrested and charged for an OWI and need to craft a compelling criminal defense.
At your initial hearing, the judge will likely suspend your driver’s license for a minimum of 180 days after failing your chemical BAC test. The judge can also notify the Indiana Bureau of Motor Vehicles (BMV) of your failed chemical BAC test and advise an administrative suspension. This means your driver’s license will be suspended for at least 180 days or until your case is resolved, whichever comes first. If you are convicted, expect your driver’s license suspension to last even longer.