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What you should know about felony DUI

Driving under the influence of drugs or alcohol can get you in real trouble. Intoxicated driving can lead to a failure to recognize traffic control devices, erratic driving and worse.

In Indiana, operating while intoxicated (OWI) is the equivalent of a DUI. An arrest under DUI laws is bad enough, but if you cause someone else harm, you may face stiff penalties and a felony charge. A felony DUI has serious implications and consequences all around.

The basics of a felony DUI charge

You may wonder what the difference between a DUI and a felony DUI charge is. In Indiana, a felony DUI charge happens when the driver gets a DUI with one or more of the following factors:

  • A child 17 years old or younger is in the vehicle.
  • The driver’s license is not valid (revoked or suspended).
  • The driver has numerous DUI charges or convictions.
  • The driver caused bodily injury or death to someone else.
  • The BAC is .15% or higher

Other elements may lead to a felony DUI charge at the time of the arrest.

Felony charges with a minor in the vehicle

One of the toughest elements of the law deals with drivers who have a child 17 or younger in the car. The charge for this is Level 6 felony, regardless of whether a driver has a previous DUI. The punishment if convicted ranges from no jail time up to almost three years of incarceration. The fines may also climb to $10,000. If prior convictions exist, mandatory jail time occurs.

License suspension after a felony DUI

Once a person has a felony DUI, the court may suspend her or his license for a period equal to the maximum potential jail sentence. In the case of a Level 6 felony conviction, it may mean almost 2.5 years of having no license. Other factors may cause a deviation from this, and the court decides the suspension on a case-by-case basis.

If you find yourself charged with a felony DUI, you may want to seek an attorney’s assistance. Felony charges can mean harsher sentences and fines.

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Sallee Law, LLC

155 East Market Street, Suite 860
Indianapolis, IN 46204

Phone: 317-643-5507
Fax: 317-630-4824
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