The DUI/DWI Case
The time when courts were likely to let a drunk driver off with a fairly light penalty is gone. Today, a drunk-driving charge can bring heavy fines and prison sentences.
In Indiana, there are two common charges that are often brought in drunk-driving cases: OWI (Operating While Intoxicated) and the Per Se Statute when one's BAC is over a certain limit. Here are some common charges:
1. "Operating a vehicle while intoxicated" (I.C. 9-30-5-2 (A)). This offense is a Class C misdemeanor. The maximum sentence is no more than 60 days and a fine of $500. The minimum sentence is no time in prison, no probation and no fine; OR
1. "Operating a vehicle while intoxicated and the person operates a vehicle in a manner that endangers a person". (I.C. 9-30-5-2 (B)). This offense is a Class A misdemeanor. The maximum sentence is one year in prison and a fine of $5,000. The minimum sentence is no time in prison, no probation and no fine.
2. "Operating a vehicle w/BAC of at least .08% " (I.C. 9-30-5-1(A)) This offense is a Class C misdemeanor. The maximum sentence is no more than 60 days and a fine of $500. The minimum sentence is no time in prison, no probation and no fine; OR
2. "Operating a vehicle w/BAC of at least .15% " (I.C. 9-30-5-1(B)) This offense is a Class A misdemeanor. The maximum sentence is no more than one year in prison and a fine of $5,000. The minimum sentence is no time in prison, no probation and no fine.
Furthermore, a lesser-included offense of "Public Intoxication" (I.C. 7.1-5-1-3) is often charged. This offense is a Class B misdemeanor. The maximum sentence is 180 days in prison and a fine of $1,000. The minimum sentence is no time in prison, no probation and no fine.
If a defendant has a previous drunk-driving conviction, the State will usually charge the defendant with a "Previous Conviction DWI" (I.C. 9-30-5-3). This offense is a Class D felony (now classified as either a level 6 or level 5 felony). The maximum sentence for a Level 5 felony is between one (1) year and six (6) years in prison and a fine of up to $10,000.00. The maximum sentence for a Level 6 felony is between six (6) months and two and one half (2 1/2) years in prison and a fine of up to $10,000.00. In certain instances, when a person is convicted of a Level 6 felony, the Court may nonetheless enter judgment and conviction as a Class A misdemeanor.
If you have been charged with an alcohol related driving offense, there are several consequences of those charges of which you should be aware. These consequences may include: (as of 12/31/98)
(1) Your driving privileges of license will be suspended at least 90 days. However, if you do not have a prior conviction for Operating a Vehicle While Intoxicated and did not refuse a chemical test for intoxication, it is possible to receive probationary driving privileges in lieu of a complete suspension.;
(2) If you have a prior conviction for Operating a Vehicle While Intoxicated and that conviction was within five years of this offense, you must at a minimum be sentenced to five days in jail or be ordered to perform ten days of community service.;
(3) If you are pleading guilty to a Felony or an A Misdemeanor involving alcohol or drugs, this conviction may be used to find you a Habitual Offender which could subject you to additional penalties in the future;
(4) Notice of your conviction will be sent to the Bureau of Motor Vehicles and will count toward your being an Habitual Traffic Violator.
For many reasons, the DUI/DWI case is one of the more complicated areas of criminal law. If you are charged with DUI/DWI, do yourself a favor and call a good attorney as soon as possible.