Typically, a DUI/OWI case in Indiana will be charged as a misdemeanor offense. This is especially true for first-time DUI offenders, who can be exposed to numerous misdemeanor penalties before they are able to move on with their lives.
There are some circumstances, however, in which the state believes that the accused should face felony penalties for their alleged drunk driving.In these cases, it is absolutely crucial that the accused driver retain proven and capable counsel.
Why Choose Wruble Law LLC?
At Wruble Law LLC, we have a dedicated Indianapolis felony DUI attorney with over two decades of legal experience. Stan Wruble and the entire Wruble Law LLC team know what a felony conviction could mean for our clients and their families. That is why we approach felony cases with aggressive, proven strategies to ensure that our clients’ rights are protected and that the best possible outcome is assuredly pursued.
Contact the experienced and knowledgeable lead attorney Stan Wruble to request a free, no-obligation case evaluation today. Prospective clients can start their case review by calling (317)-308-8584.
When Drunk Driving Constitutes A Felony DUI/OWI
When does the state of Indiana consider DUI/OWI a felony? There are five different circumstances when this can occur, each representing (to the state) instances when the accused poses a significant risk to themselves and others in their community.
Penalties for these crimes can vary – but all felony convictions in Indiana can lead to significant prison time and fines (along with other DUI penalties, such as license suspension). If you have been charged, the Wruble Law team is ready to hear your story and start mounting a comprehensive defense on your behalf.
Drunk driving is considered a felony in Indiana under the following circumstances. These start from the least severe to the most severe charges, found under Indiana Code 9-30-5-3, IC 9-30-5-4, and IC 9-30-5-5.
Level 6 Felony
An individual accused of a Level 6 felony DUI/OWI receives this charge if they:
- Are convicted of their second DUI within five years of their first
- Are driving under the influence with a minor child in the vehicle
Level 6 felonies typically carry a penalty of 6 months to 2.5 years imprisonment and fines up to $10,000.
Level 5 Felony
An individual accused of a Level 5 felony DUI/OWI receives this charge if they:
- Are convicted of their second DUI in five years that involved serious bodily injury or death
- Caused the death of another individual
- Caused serious injury in another individual after being convicted of a DUI in the past five years
Level 5 felonies typically carry a penalty of 1 to 6 years imprisonment and fines up to $10,000.
Level 4 Felony
An individual accused of a Level 4 felony DUI/OWI receives this charge if they killed or catastrophically injured an individual AND
- Have had a past DUI in the past 10 years
- Had a suspended license from multiple traffic violations or a different DUI
- Had a BAC of .15 or more
Level 4 felonies typically carry a penalty of 1 to 6 years imprisonment and fines up to $10,000.
Additionally, multiple Level 4 charges can be brought against one person if that intoxicated individual hurts more than one person. For instance, if a person drunkenly plowed their car into a parade, killing and seriously injuring six people, they could face six separate Level 4 felony charges for DUI/OWI.
The stacked charges would also increase the prison time and fines for those found guilty of multiple Level 4 felonies.
How A Indianapolis Felony DUI Attorney Can Help With Your Case
When facing a felony DUI/OWI case in Indiana, obtaining the assistance of a skilled Indianapolis criminal defense attorney is crucial.
Here’s how a Indianapolis felony DUI lawyer can help navigate such cases:
- Legal Expertise: An experienced defense attorney will leverage their knowledge to challenge the prosecution’s evidence, assess the validity of chemical tests, question the legality of the traffic stop, and contest the reliability of field sobriety tests.
- Negotiating Power: A defense attorney can negotiate with the prosecution to seek reduced charges or alternative sentencing options. They can present mitigating factors, such as a defendant’s rehabilitation efforts or personal circumstances, to advocate for a favorable plea agreement.
- Sentencing Advocacy: In the event of a conviction, a defense attorney can argue for leniency during sentencing. They may present evidence of mitigating factors, such as the defendant’s remorse, community involvement, or completion of alcohol treatment programs, to seek a reduced sentence.
Navigating a felony DUI/OWI case in Indiana can be complex. Still, with a skilled defense attorney like Stan Wruble, you can be confident knowing your rights are protected as we pursue the best possible outcome for you.
Wruble Law LLC Is Your Go-To Indianapolis Felony DUI Lawyer. Call us now
Facing the reality that a felony DUI/OWI can lead to years in prison and thousands in fees can be tough to swallow. Also, adding on the professional, personal, and emotional implications of having been charged with a felony DUI, you may be feeling lost or overwhelmed. As a Indianapolis felony DUI attorney Stan Wruble has 25 years of expertise in fighting for individuals just like you.
Want to get started? Call us today at (317)-308-8584 or book your free, no-obligation case review today. Remember: a trusted criminal defense lawyer like Stan Wruble can protect your rights.