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CRIMINAL DEFENSE

OPERATING A VEHICLE WHILE INTOXICATED

(OVWI)

In Indiana, a person charged with an OVWI can face a multitude of  consequences including incarceration, a fine, and suspension of the driver’s license.  Are you worried about what may or may not happen to you and need legal advice right now?    Call Attorney Katie Kawiecki at 317-450-2971 today!

 

OVWI Endangering a Person

Indiana Code 9-30-5-2 Operating a Motor Vehicle While Intoxicated

A person who operates a vehicle while intoxicated commits a Class C misdemeanor.

If a person operates a vehicle while intoxicated in a manner that endangers a person, the offense is a Class A misdemeanor.

 

OVWI with Alcohol Content Between .08 or >

Indiana Code 9-30-5-1 Operating a Motor Vehicle with an ACE .08 or >

A person who operates a vehicle with an alcohol concentration equivalent to at least eight-hundredths (0.08) gram of alcohol but < fifteen-hundredths (0.15) gram of alcohol per one hundred (100) milliliters of the person's blood or two hundred ten (210) liters of the person's breath commits a Class C misdemeanor.

 

A person who operates a vehicle with an alcohol concentration equivalent to at least fifteen-hundredths (0.15) gram of alcohol per one hundred (100) milliliters of the person's blood or two hundred ten (210) liters of the person's breath commits a Class A misdemeanor.

     

A person who operates a vehicle with a controlled substance listed in schedule I or II of IC 35-48-2 or its metabolite in the person's body commits a Class C misdemeanor.

It is a defense to subsection (c) that the accused person consumed the controlled substance in accordance with a valid prescription or order of a practitioner (as defined in IC 35-48-1) who acted in the course of the practitioner's professional practice.

 

OVWI with a Prior Conviction or Passenger under 18 years of age

Indiana Code 9-30-5-3 Operating a Motor Vehicle While Intoxicated with Prior Conviction or With a Passenger < 18 Years of Age

A person who violates 9-30-5-1 or 2 of this chapter commits a Level 6 felony if the person has a previous conviction of operating while intoxicated that occurred within the seven (7) years immediately preceding the occurrence of the violation 9-30-5-1 or 2 of this chapter or the person is at least twenty-one (21) years of age and violates 9-30-5-1 or 2 and operated a vehicle in which at least one (1) passenger was less than eighteen (18) years of age.

 

A person who violates section 1 or 2 of this chapter or subsection (a)(2) commits a Level 5 felony if the person has a previous conviction of operating while intoxicated causing death or catastrophic injury or the person has a previous conviction of operating while intoxicated causing serious bodily injury.

 

OVWI Causing Serious Bodily Injury (SBI) 

Indiana Code 9-30-5-4 Operating a Vehicle While Intoxicated Causing Serious Bodily Injury

A person who causes serious bodily injury to another person when operating a vehicle with an alcohol concentration equivalent to at least eight-hundredths (0.08) gram of alcohol per one hundred (100) milliliters of the person's blood or two hundred ten (210) liters of the person's breath;  with a controlled substance listed in schedule I or II of IC 35-48-2 or its metabolite in the person's blood; or while intoxicated       

commits a Level 5 felony.

 

However, the offense is a Level 4 felony if the person has a previous conviction of operating while intoxicated within the five (5) years preceding the commission of the offense.

 

OVWI Causing Catastrophic Injury or Death

Indiana Code 9-30-5-5 Operating a Vehicle While Intoxicated Causing Death or Catastrophic Injury

A person who causes the death or catastrophic injury of another person when operating a vehicle with an alcohol concentration equivalent to at least eight-hundredths (0.08) gram of alcohol per one hundred (100) milliliters of the person's blood or two hundred ten (210) liters of the person's breath; with a controlled substance listed in schedule I or II of IC 35-48-2 or its metabolite in the person's blood; or while intoxicated commits a Level 4 felony.

 

OVWI Involving a Motorboat

Indiana Code 35-46-9-6 Operating a Motorboat While Intoxicated

A person who operates a motorboat while having an alcohol concentration equivalent to at least eight-hundredths (0.08) gram of alcohol per one hundred (100) milliliters of the person's blood or two hundred ten (210) liters of the person's breath;  or having a controlled substance listed in schedule I or II or its metabolite in the person's body; or intoxicated commits a Class C misdemeanor.

 

The offense is a Level 6 felony if the person has a previous unrelated conviction or the offense results in serious bodily injury to another person.

 

The offense is a Level 5 felony if the offense results in the death or catastrophic injury of another person.

     

It is a defense to a prosecution that the accused person consumed the controlled substance in accordance with a valid prescription or order of a practitioner who acted in the course of the practitioner's professional practice.

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OVWI Causing Serious Bodily Injury (SBI)


Indiana Code 9-30-5-4 Operating a Vehicle While Intoxicated Causing Serious Bodily Injury A person who causes serious bodily injury to another person when operating a vehicle with an alcohol concentration equivalent to at least eight-hundredths (0.08) gram of alcohol per one hundred (100) milliliters of the person's blood or two hundred ten (210) liters of the person's breath; with a controlled substance listed in schedule I or II of IC 35-48-2 or its metabolite in the person's blood; or while intoxicated commits a Level 5 felony. However, the offense is a Level 4 felony if the person has a previous conviction of operating while intoxicated within the five (5) years preceding the commission of the offense.




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