In most cases, first-time OWI charges in Indiana start as misdemeanors. This means lighter punishments and consequences. However, that’s not always the case.
There are certain things that can quickly make your charges much worse, even if you’ve never been in trouble before. This means much harsher penalties and long-term problems.
Knowing what can make your charge worse helps you understand what you’re up against. Below are three factors that can elevate an OWI misdemeanor into a felony.
Having a really high BAC
Your blood alcohol concentration (BAC) matters a lot in how the court handles your case. If your BAC reaches .15% or higher, you face tougher penalties even on a first offense. Remember, .08% is the legal alcohol limit, meaning a BAC is almost twice the limit.
While this doesn’t automatically make your charge a felony, it shows the court that your level of impairment posed a serious danger. Combined with other aggravating factors, a high BAC can push your case into felony territory. This results in potentially extended jail time, bigger fines and losing your license for a longer period.
Endangering a child passenger
If you have a minor under 18 years old in your vehicle during an OWI, your charge changes dramatically. Indiana law treats this situation with particular severity because you put a child in danger. This single factor alone can elevate a first-time OWI from a misdemeanor to a Level 6 felony. The penalties jump considerably, too:
- More than two years in prison instead of up to one year in jail
- Fines reaching up to $10,000
- A permanent felony record that makes finding jobs and housing harder
These tougher consequences show how seriously Indiana courts view putting a child at risk, even if they were not hurt.
Causing serious bodily injury or death
If the incident results in someone suffering serious bodily injury, you face possible felony charges even with a clean record. Serious injury means permanent damage, broken bones or injuries that need surgery.
In cases where someone dies, the charge can become a Level 4 felony with possible prison time up to 12 years. These situations represent the most serious outcomes for first-time offenders.
Your specific situation determines your charges
Yes, a first-time OWI charge can absolutely become a felony when aggravating conditions exist. Recognizing what elevates charges from misdemeanor to felony status matters because the difference affects your freedom, finances and future opportunities.
Working with an experienced criminal defense lawyer gives you a better chance at challenging the evidence, reducing charges and protecting your future.