If you’re charged with DUI in Indiana, one legal phrase can significantly raise the stakes: “endangering a person.” At the Marc Lopez Law Firm, we often see that this enhancement is frequently tacked onto DUI charges—even without accidents or injuries. Indiana law allows this charge when an officer claims your driving behavior, even something as ordinary as swerving within your lane or rolling through a stop sign, posed a danger. While sober drivers make these same moves daily, adding alcohol to the situation gives officers a reason to escalate the charge. Legally, “endangerment” upgrades a DUI from a Class C to a Class A misdemeanor, increasing potential jail time from 60 days to a full year and raising the maximum fine tenfold. Prosecutors use this as leverage, and judges take it seriously, making it vital to understand the full impact.
However, the presence of the word “endangering” doesn’t guarantee a conviction. Indiana courts have made it clear that prosecutors must present real evidence that someone’s driving could have endangered another person. Case law supports that speeding or minor traffic issues might be enough for the enhancement—but only when the context supports real danger. At the Marc Lopez Law Firm, the defense team scrutinizes every detail, from officer reports to dashcam footage, to challenge unsupported enhancements. Officers often overcharge, treating minor violations as criminal threats, but that doesn’t make it legally valid. A strong legal defense can reduce or eliminate unjust charges, keeping your record clean and minimizing consequences.
