All OVWI’s Are Not the Same

In Indiana, a DUI is technically referred to as “operating a vehicle while intoxicated” (OVWI). Although OVWI’s include driving under the influence of many different types of substances, this blog will focus solely on operating a vehicle while being under the influence of alcohol. OVWI’s can vary drastically in punishment and classification depending on the circumstances. OVWI’s can range from a Class C misdemeanor all the way up to a Level 4 felony.

Class C Misdemeanor (Indiana Code § 9-30-5-1(a))

An OVWI will be classified as a Class C misdemeanor if a person operates a vehicle with an alcohol concentration equivalent to at least 0.08 gram of alcohol but less than 0.15 gram of alcohol per 100 milliliters of blood or 210 liters of breath. This is the lowest classification of an OVWI.

Class A Misdemeanor (Indiana Code § 9-30-5-1(b) and 9-30-5-2)

An OVWI will be classified as a Class A misdemeanor if a person operates a vehicle with an alcohol concentration equivalent to at least 0.15 gram of alcohol based on a blood or breath test or operates a vehicle while intoxicated in a manner that endangers a person.

Level 6 Felony (Indiana Code § 9-30-5-3(a))

There are two ways an OVWI can constitute a Level 6 Felony. First, if a person has a conviction for violating Indiana Code section 9-30-5-1 (described above) that occurred within the previous seven (7) years, a subsequent OVWI will be a Level 6 felony. It is also a Level 6 felony if someone at least 21 years old commits the Class A misdemeanor offense (Indiana Code § 9-30-5-1(b)) with a minor as a passenger.

Level 5 Felony (Indiana Code § 9-30-5-3(b) and § 9-30-5-4(a))

There are a few ways a person can commit a Level 5 felony. If a person commits one of the misdemeanor offenses but has a previous conviction for (1) operating while intoxicated causing death or catastrophic injury or (2) operating while intoxicated causing serious bodily injury, that person commits a Level 5 felony under Indiana Code section 9-30-5-3(b). A person can also commit a Level 5 felony under section 9-30-5-4(a) by causing serious bodily injury to another person when operating a vehicle with an alcohol concentration equivalent to at least 0.08 gram of alcohol.

Level 4 Felony (Indiana Code § 9-30-5-4(a) and § 9-30-5-5(a))

A person’s OVWI can constitute a Level 4 felony in two ways. First, if a person causes serious bodily injury to another person when operating a vehicle with an alcohol concentration equivalent to at least 0.08 gram of alcohol AND that person has a previous OVWI conviction within the previous five years, that person commits a Level 4 felony under Indiana Code section 9-30-5-4(a). Second, a person can commit a Level 4 felony under section 9-30-5-5(a) if they cause the death or catastrophic injury of another person when operating a vehicle with an alcohol concentration equivalent to at least 0.08 gram of alcohol.

Remember to drive safely and never operate a vehicle while intoxicated. However, if you have been charged with an OVWI, contact McNeelyLaw today at 317-825-5110 to talk to an experienced criminal law attorney who can help you navigate your case.

This McNeelyLaw LLP publication should not be construed as legal advice or legal opinion of any specific facts or circumstances. The contents are intended for general informational purposes only, and you are urged to consult your own lawyer on any specific legal questions you may have concerning your situation.