Is DUI a Felony in Indiana?
Indiana law treats Driving Under the Influence (DUI) as a serious offense, and the consequences can vary depending on the circumstances of the case. In this article, we will delve into the details of Indiana’s DUI laws and explore the question: Is DUI a felony in Indiana?
Direct Answer:
In Indiana, DUI is typically considered a misdemeanor offense, punishable by a fine, imprisonment, or both. However, under certain circumstances, a DUI conviction can be upgraded to a felony charge, carrying more severe penalties. We will discuss these scenarios in more detail below.
Indiana’s DUI Laws:
Indiana’s DUI laws are outlined in the Indiana Code, specifically in IC 9-13-2-1, which defines DUI as:
- Operating a motor vehicle while intoxicated, meaning that the person’s blood alcohol concentration (BAC) is 0.08% or higher;
- Operating a motor vehicle while impaired, meaning that the person’s ability to operate a motor vehicle is impaired by alcohol or a controlled substance;
- Operating a motor vehicle while under the influence of a controlled substance;
- Operating a motor vehicle while under the influence of a combination of a controlled substance and alcohol.
Misdemeanor DUI:
In most cases, a DUI conviction in Indiana is a misdemeanor offense, punishable by:
- A fine of up to $5,000;
- Imprisonment for up to 1 year;
- License suspension for a minimum of 180 days;
- Community service;
- Substance abuse treatment.
Felony DUI:
However, under certain circumstances, a DUI conviction can be upgraded to a felony charge. These circumstances include:
- Third or subsequent offense: If a person is convicted of their third or subsequent DUI offense within a 5-year period, the offense is considered a Level 6 felony.
- Injury or death: If a person is convicted of causing an injury or death while operating a motor vehicle while intoxicated, the offense is considered a Level 4 or Level 5 felony, respectively.
- Causing a serious injury: If a person is convicted of causing a serious injury while operating a motor vehicle while intoxicated, the offense is considered a Level 5 felony.
Consequences of a Felony DUI Conviction:
A felony DUI conviction in Indiana carries more severe penalties than a misdemeanor conviction, including:
- Longer imprisonment: A Level 6 felony can result in imprisonment for up to 2.5 years, while a Level 4 or Level 5 felony can result in imprisonment for up to 6 years.
- Larger fines: Felony DUI convictions can result in fines of up to $10,000 or more.
- Increased license suspension: Felony DUI convictions can result in license suspension for a longer period, up to 2 years or more.
Table: Comparison of Misdemeanor and Felony DUI Consequences in Indiana
| Offense | Fine | Imprisonment | License Suspension | Community Service | Substance Abuse Treatment |
|---|---|---|---|---|---|
| Misdemeanor DUI | Up to $5,000 | Up to 1 year | 180 days | Yes | Yes |
| Felony DUI (Level 6) | Up to $10,000 | Up to 2.5 years | Up to 2 years | Yes | Yes |
| Felony DUI (Level 4 or 5) | Up to $10,000 | Up to 6 years | Up to 2 years | Yes | Yes |
Conclusion:
In Indiana, DUI is typically considered a misdemeanor offense, punishable by a fine, imprisonment, or both. However, under certain circumstances, a DUI conviction can be upgraded to a felony charge, carrying more severe penalties. It is essential to understand the specific circumstances of your case and the potential consequences of a DUI conviction. If you or someone you know has been charged with DUI in Indiana, it is crucial to seek the advice of an experienced criminal defense attorney to ensure the best possible outcome.
