Driving while intoxicated is illegal in Indiana, but this does not mean that a DUI is automatically a felony charge. Indiana classifies driving while intoxicated as either a misdemeanor or a felony, depending on the severity of the incident and the details of the scene.

In this article, we’ll dive deeper to help you better understand DUI charges and what to do if you are injured by a DUI driver.

If you have questions after reading and need help with a drunk driving accident claim, get in touch with our Indianapolis DUI accident lawyers at Poynter & Bucheri for assistance. 

How Does Indiana Law Define “Driving While Intoxicated”?

Though most people refer to drunk driving as a DUI—which stands for Driving Under the Influence—Indiana law specifically refers to drunk driving as Operating a Vehicle While Intoxicated (OVWI). However, you can still call it a DUI or driving while intoxicated, as these can be used interchangeably with OVWI. 

According to Indiana Code 9-30-5-1, a person is considered to be driving while intoxicated if their blood alcohol concentration (BAC) levels are 0.08 or above. 

Is Driving While Intoxicated a Felony in Indiana?

A DUI or driving while intoxicated is not always a felony in Indiana. Certain criteria must be met for a DUI to result in a felony charge. If you are driving while intoxicated and one or more of the following occur, then you will face a felony charge:

• You were driving with a minor in the vehicle with you
• You severely injured or killed someone
• You have had a prior DUI or OVWI conviction 

What Are the Consequences of Driving While Intoxicated in Indiana?

The consequences of driving while intoxicated in Indiana will depend on the charges filed. A misdemeanor charge is less severe than a felony, so the penalties will not be as strict. 

Penalties of Misdemeanor Charges for Driving While Intoxicated

• A person who drives with a BAC between 0.08 and 0.14 commits a Class C misdemeanor. The penalties for this are up to 60 days in jail and up to a $500 fine. 

• A person who drives with a BAC of 0.15 or higher commits a Class A misdemeanor. The penalties for this are a jail sentence of up to one year and a fine of up to $1,000.  

Those who commit a misdemeanor when driving while intoxicated will also have their license suspended, and they may also be required to attend a driver’s education program. 

Penalties for Felony Charges for Driving While Intoxicated

• A person who drives while intoxicated with a minor in the vehicle, causes severe injury to another person, and/or has a prior DUI charge within the past five years will face a Level 6 felony charge. The penalties for this are six months to 2.5 years in jail and up to a $10,000 fine. 

• A person who drives while intoxicated and causes the death of another person or has had a previous DUI in the last five years that caused severe injury or death will face a Level 5 felony charge. The penalties for this are 1 to 6 years in prison and a fine of up to $10,000.

• A person who drives while intoxicated and causes the death of someone in addition to having had a prior DUI in the last ten years, a suspended license for being a habitual DUI offender, and a BAC of 0.15 or more will be charged with a Level 4 felony. The penalties for this are 2 to 12 years in jail and up to a $10,000 fine. 

In addition to the above, a felony charge will also result in a court order for the offender to participate in a drug/alcohol rehab program, and their license will be suspended. If multiple people are killed, they could also face multiple felony DUI charges. 

What to Do If You Are Injured in a DUI Accident

The first thing you should do if you are involved in an accident with a suspected drunk driver is to call 9-1-1. Make sure that both police and medical personnel are dispatched to the scene so that any injuries can be assessed and that the police can investigate the driver. Be sure to obtain the contact and insurance information of the at-fault driver and document the details of the accident if you are able. Any evidence that you can obtain at the scene will be helpful in your injury claim.

Have your injuries examined by medical personnel and follow up with a physician if you are not transported to the hospital immediately. Finally, and most importantly, contact a DUI accident attorney to discuss the details of your case. As a victim of someone irresponsibly driving under the influence, you deserve compensation for your injuries and damage to your property. An experienced DUI accident attorney can help you file a claim to receive the damages you are entitled to.

Consult With an Indianapolis DUI Accident Lawyer 

At Poynter & Bucheri, we have years of experience helping the people of Indianapolis win their cases. We are dedicated to protecting our clients’ rights and ensuring their cases are handled fairly. 

If you were injured in a DUI accident, reach out to our team for assistance. Don’t hesitate — an experienced Indiana DUI accident lawyer can assist you right away. Call 1-800-265-9881 for a free case review.

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