OVWI and Sentencing

What is commonly referred to as a DUI (driving under the influence) is actually known under Indiana law  as an OVWI (operating a vehicle while intoxicated). An OVWI has different levels of severity based on a plethora of factors. These factors include a person’s blood alcohol concentration (BAC), whether any injury occurred, and the driver’s history of past OVWI.

An OVWI can be either a misdemeanor or a felony. Misdemeanor OVWI generally occurs if the driver has never been convicted of OVWI before and no injuries were caused to any other person (including any passengers) during the commission of the offense. Depending on the driver’s BAC, there are two classes of misdemeanors for OVWI: Class A or Class C. Class C applies if your BAC is higher than 0.08 but less than 0.15, while Class A will apply if your BAC is above 0.15 or if offense endangered another person. Most misdemeanor OVWIs will be Class A misdemeanors. Endangerment does not require actual injury, but just putting another person at risk of harm.

OVWIs can be felonies in certain situations, such as if the driver was convicted of an OVWI within the last seven years, which will be a level 6 felony. An enhanced felony (level 5) will apply if the driver has a previous conviction of operating while intoxicated causing death, catastrophic injury, or serious bodily injury. It is also a level 5 felony if the driver has a BAC above 0.08 and causes serious bodily injury during the offense. This is upgraded to a level 4 felony if the person has a previous OVWI conviction within the last five years.

While most OVWI convictions can result in suspended sentences, some convictions carry mandatory minimum jail terms. For a second OVWI conviction, the court is required to sentence the defendant to at least five actual days in jail or 240 hours of community service. For a third OVWI, at least ten days in jail or 480 hours of community service are required. Because these are mandatory minimums, the punishments can be significantly worse, up to 12 years in prison for some offenses.

If you have any questions or need help dealing with an OVWI, please contact McNeelyLaw LLP by calling (317)825-5110.

Disclaimer: 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.