Under the state DUI laws of Indiana, anyone with a BAC (blood alcohol content) of 0.08 is considered to be drunk or under the influence. As a result, such a person should not drive, or they risk being charged with DUI, or in the worst-case scenario, felony DUI. Whenever a DUI charge becomes more frequent, it becomes a felony. Remember that Indiana is one of the states in America that strictly enforces DUI laws.
On the other hand, anyone driving in Indiana is considered to have given consent to chemical, urine, and blood testing, even if they are not residents of the state or hold an out-of-state driver’s license. Unconsciousness is taken as consent, which means that if you are unconscious, you will likely undergo a blood test. If you refuse any form of test, it will increase the severity of the punishment. In fact, you may even get additional jail sentencing, which is bad for your overall case defense.
Our DUI Lawyer in Indianapolis has years’ worth of experience and legal knowledge to defend you. Therefore, if you have been accused of a felony DUI in Indianapolis, you need to schedule a consolation session with one of us. You can do this by calling us at 317-517-9002. Having a felony DUI defense attorney in Indianapolis by your side will not only help protect your rights but also try as much as possible to find defenses to use or minimize the possible penalties. You need someone who is highly skilled and experienced in legal matters to improve your chances of getting the best possible outcome. We are always available to listen and offer legal advice.
What Is Considered A Felony DUI In Indiana?
There are many factors or reasons that can make a DUI charge (which is a misdemeanor) classified as a felony DUI in Indianapolis. DUI laws in Indiana are fairly straightforward. All this will be based on the facts and circumstances of your case. A felony DUI can be filed against you if any of the following conditions exist:
A Catastrophic Injury or Death of Another Person
You should know that even a first-time offense of DUI can be a felony DUI in Indiana as long as you fulfill this factor. Therefore, if you were driving while under the influence of a substance and seriously injured or killed a third party, you will be charged with a felony DUI.
Driving While Under the Influence with A Minor in The Vehicle or The Driver Is Below 21 Years
In Indiana, a person will be charged with a level 6 felony if found driving a vehicle while under the influence with a minor (below 18 years) in the vehicle. The same charge applies to first-time DUI offenders. A felony 6-count charge also applies if the driver is under 21 years old.
Have a DUI Charge Record Within the Last Seven Years
According to Indiana law (I.C. 9-30-5-3), a DUI charge is a misdemeanor and can be classified as class C or A based on the circumstances and facts of the case. However, if a person has a prior conviction for DUI within seven years, the next new charge will be classified as a level 6 felony.
Can I Be Charged With A Felony DUI In Indiana?
The short answer is yes. Usually, a first-time offender will not be classified as a felony. These charges are typically a misdemeanor and have less harsh penalties. There are circumstances, as listed above, that would elevate that charge to a felony.
To better understand this fact, it is wise to schedule a consultation session with our attorney. Remember, a sit-down with a highly skilled and experienced felony DUI defense attorney gives you an opportunity to know more about your case, learn the best action to take and get answers to questions you may have. This means you will get answers directly from the lawyer based on the facts of your case.
What Are The Punishments For A Felony DUI In Indiana?
We understand the importance of avoiding a felony DUI conviction on your record. That is because a felony charge attracts severe DUI penalties. Based on the facts of the case, it may include up to 3 years in jail, completion of a sanctioned drug or alcohol treatment program, a fine of up to $10,000, and even 2 years of driver’s license suspension.
In general, the minimum sentencing for a felony DUI is 6 months with a maximum of 3 years. In Indianapolis, there are three types of confinement available. These are work release, home detention, and jail time (behind bars).
Work Release
With this type of confinement, you will be confined to a facility where you will only be allowed to leave for work. After working hours, you are required to immediately return to the work release facility. Think of this as going to jail but getting to keep your job and go to it every day. With this option, you have to abide by a few rules. remember, you will not be allowed to go anywhere else apart from work and other areas that are essential to your well being like a hospital. You will not be allowed to socialize like going to restaurants or out and about.
Home Detention
With this type of confinement, you will be required to serve the sentence at your house or home. You can also leave for work while on home detention. This type of confinement comes with many restrictions and guidance. If you fail to obey them, you may find yourself being taken to jail and attracting additional sentencing. With this option, you will not be able to socialize with others outside of your home. Aside from going to work, you can only go out of your home for something essential like going to a hospital.
Jail Time (Behind Bars)
The word “jail time” means exactly what it says. You will spend time behind bars. Felony sentences are completed at the Indiana Department of Corrections. This means you will go to prison. Sentencing begins immediately, with no possibility of postponement or flexibility. This type of punishment is awarded to the most severe felonies, such as habitual DUI felony charges.
What Is A Habitual DWI Felony Charge?
A habitual DWI felony charge is a type of accusation that is filed against an offender who has had several DWI convictions within a specified time described by law. For example, in Indianapolis, a habitual DWI felony charge can be filed against the offender if they have four prior DWI convictions within the last seven years. A habitual DWI felony charge carries severe penalties. For a start, the statute mandates that the minimum active jail term is one year, and this sentencing cannot be suspended. The habitual DWI felony offender will also have to attend mandatory substance abuse programs while in jail or as a condition of parole.
Other Types Of Felony DUI Charges Include:
Just like any other offense, there are different classifications. Each differs from one another based on the specifics of the offense, the parameters of the offense, duration, repetition, and others. The types of felony DUI charges are:
- Misdemeanor death by vehicle
- Felony death by vehicle
- Aggravated felony death by vehicle
- Felony serious injury by vehicle
- Aggravated felony serious injury by vehicle
Call Our Felony DUI Defense Attorney in Indianapolis Today
If you have been accused of a felony DUI, you need the services of an Indianapolis felony DUI defense attorney. Our primary goal is to offer the best legal services to all our clients, no matter where they are or how their case looks. We will ensure that we defend you to the best of our ability and get a reduced form of punishment if possible.
If you have been accused of a felony charge simply because you have a prior DUI conviction, caused severe injuries or death to another person, or were charged with DUI with a minor in the vehicle, DUI Lawyer Indianapolis will help you. All you have to do is schedule a consultation session with our defense lawyer. To achieve this, you need to call us at 317-517-9002.