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How Indiana Classifies OWI Offenses
In Indiana, OWI (Operating While Intoxicated) offenses are not all treated the same. Depending on the circumstances of the arrest, a person may face either a misdemeanor or a felony charge. This distinction matters because it affects everything from possible jail time to long-term consequences like job eligibility and background checks.
Indiana law considers multiple factors when determining whether an OWI is charged as a misdemeanor or felony. These include the driver’s blood alcohol content (BAC), prior offenses, whether anyone was harmed, and the timeframe between convictions.
This post explains how Indiana law classifies OWI offenses, what typically leads to a misdemeanor or felony charge, and how these classifications affect penalties and the legal process. The goal is to provide clear, accurate information about how OWI laws are applied in Indiana—without offering legal advice or opinion.
Misdemeanor OWI: Most First Offenses
Most first-time OWI arrests in Indiana are charged as misdemeanors, assuming there are no aggravating circumstances. There are two levels of misdemeanor OWI charges:
- Class C misdemeanor: This is the standard charge when a person operates a vehicle with a BAC of 0.08% to 0.15%, and there are no injuries, prior convictions, or other complications. Penalties can include up to 60 days in jail and a fine up to $500.
- Class A misdemeanor: This charge applies when the BAC is 0.15% or higher or if the driver’s behavior is considered to endanger others. Penalties may include up to 1 year in jail and a fine up to $5,000.
These charges are handled in criminal court, and the outcome can include probation, mandatory treatment, community service, or license suspension. The Indiana Bureau of Motor Vehicles (BMV) may also impose administrative penalties, including automatic suspension for failed or refused chemical tests.
While misdemeanors carry serious consequences, they are generally considered less severe than felonies and often come with opportunities for alternative sentencing or Specialized Driving Privileges.
Felony OWI: Repeat Offenses and Aggravating Factors
An OWI can be charged as a felony in Indiana if certain conditions apply. Felony charges usually involve repeat offenses, harm caused, or other aggravating circumstances.
The most common felony OWI classification is a Level 6 felony, which carries a potential penalty of 6 months to 2.5 years in prison and a fine of up to $10,000. A Level 6 felony typically applies when:
- The driver has a previous OWI conviction within the past 7 years
- The driver is operating a vehicle with a passenger under 18
- The incident caused injury to another person
More severe felonies include:
- Level 5 felony: If the OWI results in serious bodily injury, even if it’s the driver’s first offense. Penalties may include 1 to 6 years in prison and higher fines.
- Level 4 felony: If the OWI results in a death, the driver may be charged with a Level 4 felony or higher, depending on circumstances.
Felony OWI charges lead to harsher penalties, including potential prison sentences, longer license suspensions, and greater financial impact. They also carry longer-term consequences such as permanent criminal records, reduced civil rights, and more limited employment opportunities.
How the 7-Year Rule Impacts Classification
Indiana law uses a 7-year lookback period when determining whether an OWI should be elevated from a misdemeanor to a felony. If a driver is arrested for OWI and has a prior OWI conviction within the past 7 years, the new charge may be filed as a Level 6 felony, even if the new offense is relatively minor.
This rule is important because it means that someone who had a first offense six years ago and is arrested again now may face felony-level consequences, including potential prison time.
Outside of the 7-year window, a second offense may still be treated as a Class A misdemeanor, but penalties are still enhanced compared to a first-time charge.
The 7-year rule also influences other aspects of the legal process, such as plea options and sentencing alternatives.
Administrative Penalties Apply Regardless of Classification
Whether an OWI is charged as a misdemeanor or a felony, the Indiana BMV imposes administrative penalties based on the chemical test results or refusal. These penalties are independent of the court’s decision and begin shortly after the arrest.
Administrative actions include:
- 180-day license suspension for failing a chemical test (first offense)
- 1-year or 2-year suspension for refusing a chemical test, depending on prior history
- SR-22 insurance filing requirement for reinstatement
- Possible ignition interlock device requirements
These penalties apply even if the driver is never convicted in court. For felony OWI cases, administrative suspensions are usually longer and may be followed by a probationary license once the suspension ends.
Understanding that both criminal and administrative consequences occur helps clarify the full impact of an OWI arrest in Indiana.
Long-Term Differences Between Felonies and Misdemeanors
The differences between a misdemeanor and a felony OWI in Indiana don’t end with the sentencing. Felony charges carry much greater long-term consequences that can affect a person’s life for years.
Key long-term impacts of a felony OWI include:
- Permanent criminal record: Felonies are rarely eligible for expungement.
- Voting and firearm restrictions: Felonies can result in loss of certain civil rights.
- Employment barriers: Some employers avoid hiring individuals with felony records.
- Ineligibility for some licenses: Professional certifications may be suspended or denied.
- Higher insurance rates: Auto insurance premiums often remain elevated for years.
In contrast, misdemeanor OWI charges—while still serious—often allow more flexibility for recovery. First-time misdemeanor offenders may qualify for alternative sentencing, probation, or educational programs that reduce the overall impact.
Understanding the distinction between the two can help individuals navigate their options and plan for the consequences that may follow.
Frequently Asked Questions About OWI Classification in Indiana
Is every OWI in Indiana a felony?
No. Most first-time OWI offenses are misdemeanors unless aggravating factors are present.
What makes an OWI a felony in Indiana?
Factors like a prior conviction within 7 years, injuring someone, or driving with a minor can elevate the charge to a felony.
Can a misdemeanor OWI become a felony later?
Yes, especially if new evidence shows aggravating circumstances or if the driver has a qualifying prior offense.
Is jail mandatory for a felony OWI?
Felony OWI convictions can result in mandatory jail or prison time, depending on the charge level and the judge’s discretion.
Can a felony OWI be expunged?
Indiana law allows limited expungement, but felonies involving injury or death may not be eligible.
Does the BMV treat misdemeanors and felonies differently?
Yes. Felony cases often come with longer license suspensions and more complex reinstatement requirements.
Can a misdemeanor OWI be reduced or dismissed?
Possibly. Outcomes depend on the facts of the case, and some courts offer alternative sentencing options.
What’s the difference between Class A and Class C misdemeanors?
Class A misdemeanors are more severe and usually involve a higher BAC or endangerment, with harsher penalties.
Conclusion
In Indiana, whether an OWI is a misdemeanor or a felony depends on the specific details of the case, including BAC levels, past convictions, and the presence of any aggravating factors. Most first-time offenses are misdemeanors, but a second OWI within seven years or an OWI involving injury can quickly escalate the charge to a felony.
Knowing how Indiana classifies OWI offenses helps individuals understand the stakes and anticipate both immediate and long-term consequences. Whether facing a misdemeanor or felony, the impact can be serious and long-lasting.
To learn more about how Indiana OWI laws differ from state to state, visit State By State DUI Laws.
For a closer look at how state laws influence arrests and sentencing, check out How State DUI Laws Affect Arrests and Penalties.