Aggravated DUI

Aggravated DUI Lawyer in Fishers

Felony OWI Defense Handled Personally, Start to Finish

A felony-level DUI charge is a different legal situation than a standard misdemeanor OWI. Prison time is on the table, and the decisions made early in your case can shape everything that follows. I’m David Shircliff, and I’ve been handling serious criminal defense in Fishers and across Central Indiana since 1990, including years as a public defender. When you hire me, I personally handle every stage of your case. No associates, no handoffs.

I’ve served as lead counsel in more than 180 jury trials and have won at every level. That record isn’t a guarantee of what happens in your case. It reflects that I’m ready to take yours to trial if that’s what it takes to protect you.

A felony OWI charge deserves immediate attention. Call me at (317) 936-3404 to schedule a generally free consultation before you make any decisions about your case.

When Indiana Elevates an OWI to a Felony

Indiana’s legal term for DUI is OWI (Operating While Intoxicated), governed under IC 9-30-5-1 and 9-30-5-2. The two terms are used interchangeably, but the law is the same. A standard first-offense OWI is a misdemeanor. Specific aggravating factors trigger felony charges, and those factors determine both the charge level and the potential sentence you’re facing.

Indiana law can elevate an OWI to a felony when any of the following are present:

A prior OWI conviction within the past seven years under IC 9-30-5-3
A BAC of 0.15% or higher combined with other circumstances
A passenger under 18 in the vehicle at the time of the offense
Causing serious bodily injury to another person
Causing the death of another person

Depending on which factors are present, the resulting charge can be classified as a Level 6, Level 5, or Level 4 felony. Each level carries meaningfully different consequences.

Why Trial Readiness Matters for an Aggravated DUI

When the exposure is a felony conviction and potential prison time, your defense posture shapes every negotiation and every courtroom proceeding. Prosecutors approach cases differently when they know the defense attorney is genuinely prepared to try the case. I’ve handled thousands of criminal cases, including many involving OWI and related offenses, and I don’t treat trial as a last resort.

In every aggravated DUI case, I personally review the reason for the traffic stop, how field sobriety tests were administered, and how any breath or blood test was collected and handled. Errors in any of those steps can be consequential. My approach is what clients call “compassionately aggressive”: I give you a clear, direct picture of your situation without sugarcoating it, and I build a defense strategy around the actual facts of your case.

Building a strong defense from the outset is also how I work to reduce my clients’ later need for expungement, post-conviction relief, appeals, or sentence modification. Getting it right from the start is the goal.

Felony OWI Penalties in Indiana

Sentencing ranges for felony OWI convictions vary significantly by level. Understanding what you’re facing is the first step toward making an informed decision about your defense.

Level 6 Felony OWI

A Level 6 felony carries six months to two and a half years in prison, plus fines up to $10,000. In some circumstances, a Level 6 felony can be reduced to a misdemeanor under IC 35-50-2-7, though that outcome depends on the facts and the court.

Level 5 Felony OWI

A Level 5 felony carries one to six years in prison, with a three-year advisory sentence, and fines up to $10,000. This charge typically arises when serious bodily injury is involved or when prior convictions compound the current offense.

Level 4 Felony OWI

A Level 4 felony is the most serious OWI classification, carrying two to twelve years in prison with a six-year advisory sentence and fines up to $10,000. Charges at this level generally involve a fatality or the most serious combination of aggravating factors.

Habitual Vehicular Substance Offender Enhancement

The Habitual Vehicular Substance Offender (HVSO) enhancement applies when a person has two or more unrelated prior OWI convictions. If proven, it adds one to eight years of mandatory prison time on top of the underlying felony sentence. It’s one of the most serious exposure multipliers in Indiana OWI law, and it makes early, thorough defense review essential.

What Sets Shircliff Law LLC Apart?

Clear Guidance. Strong Defense. Always on Your Side.

Over 30 Years Experience
With over 30 years of courtroom experience, David Shircliff brings unmatched legal insight to every case.
Honest, Relentless & Decisive
We tell you the truth, fight without hesitation, and act with purpose at every stage.
Won At Every Level
From local courts to federal appeals, we know how to win — and we’ve done it.
Hands-On Approach
We work with you one-on-one, staying hands-on through every phase of your case.

Defending an Aggravated DUI in Hamilton County

Hamilton County’s Circuit Court and Superior Courts, located in Noblesville, handle criminal cases arising in Fishers and throughout the county. I appear in those courts regularly and have a feel for how judges there tend to approach felony OWI cases. That familiarity matters when deciding whether a case may be better resolved through negotiation or taken to trial.

My practice also covers nine counties across Central Indiana, including Hamilton, Hendricks, Madison, and Marion counties. If a felony DUI charge is filed outside Hamilton County, I can handle it there as well.

Defense strategy in a felony OWI case is built on the specific facts. Common areas of challenge include the legality of the initial traffic stop, whether field sobriety tests were administered properly, and whether breath or blood test equipment was correctly maintained and the test was conducted according to procedure. The prior conviction used to trigger a felony enhancement may also be contestable, and whether an alleged minor passenger was actually present can be disputed. Every case turns on its own facts, which is why I review each one personally before forming a strategy.

Start Your Defense with a Free Consultation

Felony OWI charges move quickly through the system. The sooner you have an attorney reviewing the facts, the more options may be available to you. I generally offer a free initial consultation so you can discuss your case before making any financial commitment. I don’t publicly list a fixed payment plan, but I work with clients on flexible fee arrangements because a serious charge already creates enough financial strain.

If you or someone you care about is facing an aggravated DUI or felony OWI charge in Fishers or anywhere in Central Indiana, call Shircliff Law LLC at (317) 936-3404. I can give you a straight answer about where things stand and what may be done.

License Consequences After a Felony OWI Arrest

The criminal charge is only part of what you face after a felony OWI arrest. License consequences begin on a separate track and can affect your ability to drive before the criminal case is even resolved.

Administrative License Suspension

An administrative license suspension can take effect immediately after an OWI arrest, independent of any suspension imposed later upon conviction. Your driving privileges may be restricted while the criminal case is still pending.

Driving Privileges After Suspension

Driving privileges after suspension may allow limited driving for work, school, medical appointments, or court appearances during a suspension. They aren’t automatic. Even in felony-level cases, a court petition and approval are required, and courts generally require installation of an ignition interlock device (IID) as a condition before granting them.

Ignition Interlock Device Requirements

An ignition interlock device is a breath-testing unit installed in the vehicle that requires the driver to provide a clean breath sample before the engine can start. Courts typically require IID installation as a condition of driving privileges after suspension and, in many felony cases, as part of any probation terms following conviction.

Collateral Consequences of a Felony Conviction

A felony conviction carries consequences well beyond the criminal sentence. Effects on professional licensing, employment background checks, and firearm rights are all potential outcomes that vary by individual circumstance. These collateral consequences are another reason why the quality of your defense at the trial level matters.

Contact Shircliff Law LLC Today

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