Felony DUI Defense in Fishers, Indiana

When an OWI Becomes a Felony in Indiana

Indiana uses OWI (Operating While Intoxicated) as the statutory term for drunk-driving offenses. You’ll see “DUI” used in common conversation, but Indiana courts and prosecutors work from the OWI statute, and the law governing when a charge escalates to a felony is specific.

Under Indiana Code § 9-30-5-3, a prior OWI conviction within the seven years immediately preceding the current offense elevates the new charge to a Level 6 felony. Some sources still cite five years as the lookback window. That figure is outdated. The current period under Indiana law is seven years.

Felony OWI charge levels and their consequences:

• Level 6 Felony: Triggered by a prior OWI within the seven-year lookback period, or by an aggravated OWI committed by a driver who is 21 or older with a passenger under 18 in the vehicle. Carries six months to two and one-half years in prison and fines up to $10,000.
• Level 5 Felony: Applies when the defendant has a prior conviction for OWI causing death or catastrophic injury, or when the current offense involves serious bodily injury. Carries one to six years in prison and fines up to $10,000.
• Level 4 Felony: OWI causing death can be charged at this level, carrying two to 12 years in prison.

A defendant with two or more prior OWI convictions also faces a mandatory minimum of 10 days of incarceration that the court cannot suspend, or 360 hours of community service in lieu.

In Hamilton County, Level 6 felony OWI cases are filed by local rule into Superior Courts 4, 6, or 7. Higher-level felony OWI cases route to Hamilton Circuit Court or Superior Courts 1, 2, 3, or 5. Knowing which courtroom your case lands in is part of building an effective defense strategy.

The Habitual Vehicular Substance Offender Enhancement

Beyond the base felony charge, Hamilton County prosecutors can seek a habitual vehicular substance offender (HVSO) enhancement in repeat OWI cases. It isn’t a separate charge. It’s a sentencing add-on that increases the prison term the court can impose on top of whatever the underlying felony carries, by an additional fixed term of one to eight years under Indiana Code § 9-30-15.5.

When prosecutors pursue the HVSO enhancement, your entire prior conviction history becomes a central focus of the state’s case. Every past OWI-related conviction gets examined. Understanding the full scope of what’s being charged from the moment the case is filed isn’t optional.