Level 6 Felony DUI in Indiana

Operating a Vehicle While Intoxicated (OWI)

Operating a vehicle while intoxicated (OWI) is another common offense that can lead to a level 6 felony charge. If a driver is caught operating a motor vehicle with a blood alcohol content (BAC) over the legal limit, especially if their actions result in serious bodily injury, the offense may be classified as a level 6 felony.

Reckless Driving with Aggravating Factors

Reckless driving can also lead to a level 6 felony charge, particularly when it involves aggravating factors like causing injury or property damage. While reckless driving itself is typically a class C misdemeanor, if it leads to serious consequences like serious bodily injury, the charge can be upgraded to a level 6 felony.

Previous OWI Convictions

A previous OWI conviction can elevate the severity of subsequent offenses. If an individual with a prior DUI conviction is arrested for another DUI offense, it may result in a level 6 felony charge. Indiana law allows for enhanced penalties based on previous convictions, which can lead to harsher charges.

Fatal Accidents Involving DUI

If a drunk driving incident results in a fatal accident, the driver can face a level 6 felony charge in Indiana. Depending on the circumstances and the specific facts of the case, the charge could escalate further, depending on factors such as bodily injury or the driver’s previous criminal history.

Level 6 Felony DUI Penalties in Indianapolis

A level 6 felony conviction in Indiana carries significant penalties.

Jail Time

A level 6 felony conviction can result in 6 months to 2.5 years in prison. Depending on the specific circumstances of the case, such as prior convictions or the severity of the offense, the court may impose either a jail sentence or a lesser penalty, such as probation.

Fines

In addition to jail time, individuals convicted of a level 6 felony in Indiana may face fines. The maximum fine is $10,000. This fine can be imposed alongside other penalties like license suspension or probation.

License Suspension

For certain DUI offenses, a level 6 felony conviction can lead to a driver’s license suspension. A DUI conviction may result in a one-year license suspension, impacting the individual’s ability to drive. However, some individuals may be granted limited driving privileges if they meet specific requirements.

Probation

Instead of serving jail time, an individual convicted of a level 6 felony may receive probation. In such cases, the person will be required to follow strict conditions set by a probation officer. This can include community service, drug testing, and regular check-ins with the court.

Criminal Record

A level 6 felony conviction will appear on an individual’s criminal record. This can have long-lasting effects on employment opportunities, housing, and other aspects of daily life. It may also make it more difficult to avoid future criminal charges.

Enhanced Penalties for Repeat Offenders

For individuals with a previous OWI conviction or a history of DUI charges, the penalties for a level 6 felony may be more severe. Indiana law allows for enhanced penalties based on the defendant’s prior criminal history.

The DUI Process and How It Relates to Level 6 Felonies

The DUI process in Indiana involves several steps that may lead to a level 6 felony charge under certain circumstances.

DUI Arrest

A DUI arrest occurs when a law enforcement officer has reasonable suspicion that a driver is operating under the influence of alcohol or drugs. The officer may pull the driver over for reasons such as erratic driving or failure to follow traffic laws. During the arrest, the officer will likely ask the driver to perform a field sobriety test or take a chemical test, such as a breathalyzer test.

Field Sobriety Tests

Field sobriety tests are used by police officers to determine whether a driver is impaired. Common tests include the one-leg stand test and the walk-and-turn test. If the driver fails these tests, they may be arrested for DUI. Failing these tests, especially in the case of serious bodily injury or death, can lead to level 6 felony charges.

Chemical Testing: Breath, Blood, or Urine

Once arrested, a driver may be asked to submit to a chemical test, which can be a breath test, blood test, or urine test. If the driver’s blood alcohol content (BAC) exceeds the legal limit, they will face DUI charges. If the incident involves serious bodily injury or death, the charges may escalate to a level 6 felony.

DUI Charges and Felony Classification

In Indiana, a DUI offense that causes serious bodily injury or involves a driver with a previous OWI conviction can be upgraded to a level 6 felony. If the person is convicted, they face severe penalties, including jail time, fines, and license suspension.

Legal Process and Defense

After a DUI arrest, the accused will go through the DUI process, which includes court hearings, possible negotiations, and sentencing. It is crucial to have a skilled DUI defense lawyer to explore potential defenses, reduce penalties, or negotiate a plea deal. A DUI defense attorney can help mitigate the consequences of a level 6 felony conviction.

Defending a Level 6 Felony DUI Charge in Indiana

Defending a level 6 felony DUI charge requires a clear understanding of the legal process and potential defenses.

Challenging Field Sobriety Tests

One key defense in a level 6 felony DUI case is challenging the field sobriety tests administered by the law enforcement officer. These tests, such as the one-leg stand test or walk-and-turn test, are not always accurate indicators of intoxication. A DUI defense attorney may argue that the tests were improperly conducted or that other factors, such as medical conditions or poor weather, contributed to the failure.

Questioning Chemical Test Results

Another defense strategy involves questioning the accuracy and validity of chemical tests. If a breathalyzer test, blood test, or urine test was administered, the DUI defense lawyer may challenge the procedure used. Issues such as improper calibration of the testing device, failure to follow proper testing protocols, or errors in handling the samples can be used to dispute the test results.

Challenging the Basis for the DUI Arrest

A DUI arrest must be based on reasonable suspicion or probable cause. If the law enforcement officer did not have sufficient grounds to pull the driver over or arrest them, a DUI defense lawyer may file a motion to suppress evidence. If the arrest is deemed unlawful, the case may be dismissed or reduced to a lesser charge.

Presenting Mitigating Factors

In some cases, presenting mitigating factors can help reduce the severity of the charge. For example, if the defendant has no prior DUI offenses and was cooperative during the arrest, a DUI defense attorney may argue for a lesser penalty. Additionally, if the DUI offense did not result in serious bodily injury, this may be used to reduce the charge from a level 6 felony to a lesser offense.

Plea Bargaining and Negotiation

In some cases, it may be possible to negotiate a plea deal to reduce the charges or penalties. A DUI defense attorney may work with the prosecuting attorney to reach a plea agreement, potentially reducing a level 6 felony charge to a class C misdemeanor or securing probation instead of jail time.

Legal Representation for Level 6 Felony DUI Cases

Given the seriousness of level 6 felony DUI charges, having a skilled Indianapolis DUI attorney is crucial. They can provide guidance, protect rights, and pursue the best possible outcome based on the facts of the case.

Long-Term Consequences of a Level 6 Felony DUI Conviction

A level 6 felony DUI conviction in Indiana carries lasting consequences that extend far beyond the immediate penalties.

Impact on Employment

A level 6 felony DUI conviction can severely impact employment opportunities. Many employers conduct background checks, and a felony record can make it difficult to find or keep a job. For individuals with a commercial driver’s license (CDL), a DUI offense can lead to the permanent loss of their license, making it nearly impossible to continue working in certain industries.

Criminal Record and Future Legal Issues

Having a level 6 felony on your criminal record can affect many areas of life. A felony conviction may lead to difficulties in securing housing, applying for loans, or gaining professional licenses. Additionally, a felony conviction can make it more challenging to avoid future criminal charges, as any subsequent offenses may carry harsher penalties.

License Suspension and Limited Driving Privileges

A level 6 felony DUI conviction often results in a driver’s license suspension, which can last for up to a year. Even if limited driving privileges are granted, it can still cause significant disruption to daily life. The inability to drive can make it difficult to commute to work, attend school, or manage family responsibilities.

Increased Penalties for Future DUI Offenses

A previous DUI conviction increases the severity of penalties for any future DUI offenses. If arrested again for a DUI offense, the individual may face enhanced penalties, including a longer license suspension, higher fines, and longer jail sentences. A level 6 felony DUI conviction can act as a permanent mark on your record, making future legal battles more difficult.

Social and Personal Impact

The social stigma of a level 6 felony DUI conviction can affect personal relationships. Friends, family, and colleagues may view the conviction negatively, leading to strained relationships or social isolation. The emotional toll of dealing with the consequences can also be significant, as individuals may struggle with feelings of shame or frustration.

Difficulty with Future Legal Matters

With a level 6 felony DUI conviction, future legal matters may become more complicated. Whether applying for a commercial driver’s license, pursuing a career in law enforcement, or applying for certain government programs, a felony record can limit opportunities and create obstacles.

Defend Your Rights Against a Level 6 Felony DUI Charge!

If you’re facing a level 6 felony DUI charge, don’t navigate the legal process alone. The experienced team at Rathburn Law Office P.C., P.C. is here to provide you with the expert legal representation you need.

Contact us today at (463) 465-2401 to discuss your case and start building a strong defense!