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Rathburn Law Office, P.C. Rathburn Law Office, P.C.
Available 24/7, Call Us: (463) 465-2401

Marion County Felony DUI Defense Lawyer

DWI fatalities are a serious problem in Indiana. There were more than 210 alcohol-impaired fatalities in 2019 alone. During that same year, there were 8,524 arrests related to driving under the influence. 28 of those arrests were for children under the age of 18. It’s clear that driving while intoxicated is problematic in the region, but that doesn’t mean those people arrested don’t deserve a fair chance in court.

There are several factors that can influence the legitimacy and seriousness of a DUI charge. Faulty equipment, poor testing procedures, and false evidence can all lead to an erroneous arrest. In some cases, you may be charged with a far more serious felony DUI. Working with a Marion County Felony DUI Defense Lawyer presents a chance to have those charges reduced or eliminated entirely.

At Rathburn Law Office, P.C. in Marion County, IN, we deal with serious DUI charges on a daily basis. Some of these charges have no real foundation to support them. Your case may be one where the charges simply do not match the crime. If you’re currently facing a felony DUI charge, then you need to stop and contact an experienced law firm.

Call us today at (463) 465-2401 to discuss your case.

Can I Be Charged with a Felony DWI in Indiana?

Yes. A DUI charge can run the range from a simple misdemeanor to a very serious felony. It will depend on various circumstances, including your criminal history, whether children were involved, and whether injury or death occurred at the time. In some cases, the judge is allowed to use discretion and may be convinced that a misdemeanor is a more appropriate charge.

Your blood alcohol level(BAC) at the time will also influence the severity of the charge in Indiana. Indiana relies on a “per se” BAC limit law. This means that if your BAC is above 0.08 percent while operating a vehicle there is no additional evidence required to support an OWI charge.

If your BAC is between 0.08 and 0.15 percent on your first DUI charge, then it will be considered a Class C misdemeanor. This is punishable with a period of 60 days in jail and a fine of $500. If your BAC is above 0.15 percent, then the charge is upgraded to a Class A misdemeanor. This charge can carry a 12-month imprisonment period and a fine as high as $5,000.

When you have a driver’s license and operate a vehicle in Indiana you are consenting to submit to chemical testing by authorities when required. Refusing a breathalyzer in this state will lead to the immediate suspension of your license for one year and a temporary arrest. If you have a previous DUI charge, then the suspension will be two years regardless of whether you were intoxicated. Whether you are arrested for refusing a breathalyzer or arrested for having a BAC above 0.08 percent, your next step should always be to contact a professional DUI defense attorney.

What is Considered a Felony DUI in Indiana?

If you have a BAC above 0.15 percent and operate a vehicle with a passenger who is under the age of 18, then the charge can be upgraded to a level 6 felony even if it is your first offense. A level 6 felony is considered the least serious category of a felony in the state. By comparison, burglary is a level 4 felony. Felonies in a lower numbered category are considered more severe.

The prison time for a level 6 DUI felony can range from 6 months to 2 1/12 years. It can also carry a fine as high as $10,000. The judge does have the option to reduce the felony, which can lower the required prison time or fine. A felony can be reduced by the judge, as a result of a plea agreement, or through a later sentence adjustment. Your felony DUI defense lawyer can help you pursue each of these options to reduce your charges.

There are a few other ways in which a DUI charge can be upgraded to a felony in Indiana. If you are a habitual violator, cause serious harm or injury, or cause the death of a law enforcement animal, then you will be charged with a DWI felony. These felonies range from level 6 to level 4.

 

Trusted by Our Clients

    Call Chuck!
    “I am always impressed by his knowledge and understanding and ability to think outside of the box.”
    - Mary M.
    Call Chuck!
    "Chuck’s knowledge and understanding of breath alcohol instruments is exceptional. He worked closely with a manufacturer for many years learning and sharing the knowledge with the defense community. I have gone to Chuck on many occasions to discuss breath alcohol issues and aspects of how the instrumentation deals with the sampling and analysis. I consider him one of the leading experts on breath alcohol within the defense community. As an attorney, Chuck works hard for his clients and doesn’t just deal cases away. He takes the cases personal and fights to get the best resolution possible. In my 30 some years as an expert in breath alcohol testing, Chuck Rathburn is, by far, one of my favorite attorneys for consulting and brainstorming ways to expose the pseudoscience and bad science in the alcohol testing community. I am always impressed by his knowledge and understanding and ability to think outside of the box. I do not hesitate to say Call Chuck!"
    - Mary M.
    Worked Hard to Help
    “Chuck was able to get the DUI dismissed to a lesser charge.”
    - John K.
    Worked Hard to Help
    "My first attorney told me I had to plead guilty to DUI because they didn't think I had a defense. Chuck was able to get the DUI dismissed to a lesser charge. He worked hard to help me."
    - John K.
    Outstanding Job
    “When looking for DataMaster training for my staff, I looked no further than Charles Rathburn.”
    - Jon S.
    Outstanding Job
    "When looking for DataMaster training for my staff, I looked no further than Charles Rathburn. Mr. Rathburn did an outstanding job educating my entire staff on the concepts of breath alcohol testing while thoroughly explaining the problems associated with breath alcohol testing."
    - Jon S.
    Intense Passion
    “I have taken several DataMaster Courses with Chuck and continue to be blown away by both his command of that instrument and his ability to teach it to others.”
    - Eric G.
    Intense Passion
    "I have taken several DataMaster Courses with Chuck and continue to be blown away by both his command of that instrument and his ability to teach it to others. Chuck has an intense passion for learning about this machine, and has a gift of how to present it in a format that is easy to digest and understand."
    - Eric G.
    Key to Success
    “Understanding the DataMaster better than the DA's and better than may of the State's experts has helped me get some fantastic results.”
    - Mark R.
    Key to Success
    "The in-depth DataMaster training I received from Chuck Rathburn has been a key to success in court. After taking the hands on breath test training from Chuck I am better able to analyze DUI breath cases from the inside out. Understanding the DataMaster better than the DA's and better than may of the State's experts has helped me get some fantastic results."
    - Mark R.