Being charged with Driving Under the Influence (DUI), can be overwhelming. Understanding the legal terms and specifics of Indiana’s DUI laws is crucial. In Indiana, Driving Under the Influence (DUI) is often referred to as Operating a Vehicle While Intoxicated (OVWI). Indiana makes no distinction between the two when it comes to the types of charges filed.
Facing a DUI / OVWI charge can lead to hefty fines, license suspension, and even jail time. If you or someone you know is facing charges for a DU / OVWII, especially under the element of endangerment, seeking legal representation is essential. In this blog, we will cover the basics of a Indiana DUI / OVWI charges, the legal implications of when the element of endangerment comes into play, and the importance of hiring an Indiana DUI / OVWI attorney.
DUI: The Basic Charges
In Indiana, the base level charge for any DUI is a Class C misdemeanor. A Class C misdemeanor can carry a penalty of up to 60 days in jail and a $500 fine. Indiana Code § 9-30-5-1(a) states:
(a) A person who operates a vehicle with an alcohol concentration equivalent to at least eight-hundredths (0.08) gram of alcohol but less than fifteen-hundredths (0.15) gram of alcohol per:
(1) one hundred (100) milliliters of the person’s blood; or
(2) two hundred ten (210) liters of the person’s breath;
commits a Class C misdemeanor.”
Although a DUI starts as a Class C misdemeanor, there are a variety of ways that a DUI charge can escalate into a Class A misdemeanor or even felony charges. One way the State can elevate the base level DUI charge from a Class C to a Class A misdemeanor is through the element of endangerment.
