Many people facing an OWI (Operating While Intoxicated) charge in Indiana are surprised to find “endangerment” attached to their case—especially when no one else was involved or hurt. Under Indiana law, a standard OWI charge is a Class C misdemeanor, but if prosecutors decide there was potential danger to others, it can be escalated to a Class A misdemeanor. This increases both the maximum jail time and fines, even if the supposed danger was never realized. Actions like swerving within your lane, speeding, or even dozing off in a parked, running vehicle can all be interpreted as “endangerment,” regardless of whether anyone was actually harmed or at risk.
This broad and often vague interpretation of endangerment makes it easier for prosecutors to stack charges and pressure defendants into plea deals. It can have serious ripple effects on your life—affecting your record, employment, insurance, and more. However, being charged doesn’t mean conviction is inevitable. Building a strong defense begins with understanding what the prosecution must prove and taking proactive steps, such as substance abuse evaluations or relevant courses. The legal system may overuse endangerment, but with the right legal guidance and preparation, it’s possible to challenge the charge and improve your chances for a fair outcome.
