Hire an Experienced Indianapolis Felony DUI Lawyer for Your Legal Defense
Typically, a DUI/OWI case in Indiana will be charged as a class C misdemeanor criminal offense under criminal law. This is especially true for first-time DUI offenders, who can be exposed to numerous Indiana DUI penalties before they are able to move on with their lives without a lasting criminal record.
There are some circumstances, however, in which the state believes that the accused should face felony DUI charges for their alleged operating while intoxicated. In these cases, it is absolutely crucial that the accused driver retain a proven and capable Indianapolis felony DUI attorney to address these serious legal challenges with a focused defense.
Why Do Clients Choose Wruble Law LLC for Felony DUI Cases?
At Wruble Law LLC, our law office has a dedicated Indianapolis felony DUI lawyer with over two decades of legal experience. Stan Wruble, our founding attorney, and the entire law firm know what a DUI conviction or felony OWI conviction could mean for our clients facing serious criminal cases and their families. That is why we approach felony charges with aggressive, proven defense strategies to ensure constitutional violations are identified, our clients’ rights are protected, and that high-quality legal representation is provided at every stage, so that the best possible outcome is assuredly pursued.
Contact the experienced Indianapolis DUI attorney, Stan Wruble, to request a free consultation today. Prospective clients who need legal assistance can start their DUI process review by calling our law office at (317)-597-1846 for an initial consultation.
When Drunk Driving Constitutes A Felony OWI/DUI
When does Indiana law consider DUI charges a felony? There are five different circumstances when this can occur, each representing (to the state) instances when the accused committed a major felony and poses a significant risk to themselves and others in their community. All felony DUI charges carry substantial penalties, including steep fines and long-term imprisonment.
Drunk driving convictions are considered felonies in Indiana under the following circumstances. These start from the least severe to the most severe charges, found under state statutes IC 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 OWI in Indiana receives this charge if they:
- Are convicted of their second DUI within five years of their first (repeat offenses)
- Are driving under the influence with underage passengers in the vehicle
Level 6 felonies typically carry a penalty of 6 months to 2.5 years jail time and fines up to $10,000. Additional consequences may include community service, substance abuse education, or restricted specialized driving privileges, all of which can permanently affect a criminal record.
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 (prior conviction)
Level 5 felony Indiana jail time can go from 1 to 6 years imprisonment and fines up to $10,000. A conviction can result in license suspension, court costs, and loss of employment for commercial drivers, creating long-term consequences similar to other violent crimes under Indiana law.
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 prior conviction for DUI in the past 10 years (same offense)
- Had a suspended driver’s license from multiple traffic violations or a different DUI
- Had a blood alcohol concentration (BAC) of .15 or more (above the legal limit)
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 motor vehicle into a parade, killing and seriously injuring six people, they could face six separate Level 4 felony DUI or OWI charges.
The stacked charges would also increase the prison time and fines for those found guilty of multiple Level 4 felonies, significantly increasing prison exposure across multiple criminal cases.
Felony DUIs can Lead to Prison Time, Fines, Driver’s License Suspension, Ignition Interlock Device Installation, and Other Penalties
While potential penalties for these crimes can vary, all criminal convictions in Indiana can lead to significant prison time and fines (along with other DUI penalties, such as a suspended license and ignition interlock device installation). For individuals who have professional licenses, members of the military, and certain other individuals, felony DUI convictions can have additional consequences as well.
If you have been arrested, Wruble Law, whose attorney has represented clients in countless Indianapolis DUI cases, is ready to hear your story and start mounting a comprehensive legal defense on your behalf. Whether this is your first DUI offense or this is your second or third DUI, we will do everything we can to help you avoid criminal penalties and other serious consequences.
Defense Strategies May Involve Challenging the Results of Your Breathalyzer or Field Sobriety Tests
There are several defenses an experienced Indianapolis felony DUI lawyer may be able to use to fight your felony OWI charges after a DUI arrest. These include defenses you can assert even if you were drunk behind the wheel. For example, if the arresting officer improperly administered the breathalyzer or field sobriety test, this could render your test results invalid—which could mean that prosecutors will be unable to use them against you. Violations of your constitutional rights (i.e., conducting a traffic stop without reasonable suspicion) can provide grounds to keep the prosecution’s evidence out of your felony DUI case as well.
How An Indianapolis Felony DUI Lawyer Can Fight to Have Your Case Dismissed
When facing a felony DUI/OWI case in Indiana, obtaining the assistance of a skilled DUI defense attorney is crucial.
Here’s how an Indianapolis felony DUI attorney can help navigate such cases:
- Legal Expertise: Experienced Indiana DUI attorneys will be familiar with common defenses and leverage their knowledge to challenge the prosecution’s evidence, assess the validity of the chemical test used to determine the amount of alcohol in the driver’s system (i.e., breathalyzer or blood draw), question the legality of the traffic stop, and contest the reliability of field sobriety tests and the breathalyzer test.
- Negotiating Power: If getting a defendant’s felony DUI charges dismissed is unlikely under the circumstances at hand, a criminal defense lawyer can negotiate with the prosecution to seek reduced charges or alternative sentencing options. They can present mitigating factors, such as a defendant’s substance abuse education or personal circumstances, to advocate for a favorable outcome.
- Sentencing Advocacy: In the event of a DUI conviction, a defense lawyer can argue for leniency during sentencing. They may present evidence of mitigating factors, such as the defendant’s remorse, community service hours, or completion of alcohol treatment programs, to seek a reduced sentence under Indiana’s DUI law.
Navigating a felony DUI/OWI case in Indiana can be complex. Still, with expert advice from an Indianapolis felony DUI attorney like Stan Wruble, you can face these legal challenges knowing your rights are protected as we pursue the strong defense you deserve. From Crown Point to Marion County to Evansville, Stan handles felony DUI cases throughout Indiana.
Wruble Law LLC Is Your Go-To Indianapolis Felony DUI Law Firm
Facing the reality that a felony DUI offense 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 DUI attorney, Stan Wruble has 25 years of expertise in fighting for individuals just like you, and has defended clients accused of felony DUI, serious criminal offenses, and other life-altering charges like domestic violence or sex crimes convictions.
Discuss Your Case with an Experienced Indianapolis Felony DUI Attorney for Free
Want to get started? Call us today at (317)-597-1846 or book your free consultation today to speak to an experienced DUI attorney. Remember: a trusted Indianapolis felony DUI attorney and criminal law defense expert like Stan Wruble can protect your rights.