Many people don’t realize just how quickly a seemingly simple drunk driving charge can spiral into a much bigger legal and financial problem. Certain factors can turn even a first-time operating while intoxicated (OWI) offense into a serious situation carrying heavier penalties and longer-lasting consequences.
Being aware of what can worsen your charges can put you in a stronger position as you seek the best possible outcome for your case. Here are some of the aggravating factors.
1. High blood alcohol content (BAC)
In Indiana, a BAC of 0.15% or higher can dramatically increase the severity of your OWI offense. It suggests a greater level of impairment and a higher risk to public safety, which prosecutors can use to argue for a more hefty sentence.
2. Having a minor in the vehicle
Drunk driving with a passenger under the age of 18 is significant due to the danger posed to the child’s life. It immediately elevates an OWI to a felony offense, even if it is your first charge.
3. Causing bodily injury or death
If your intoxicated driving results in an accident that causes serious injuries or death, the charges can be upgraded to a felony. You may be facing a lengthy prison sentence and the lasting effects of a felony record.
4. Prior OWI convictions
If you’ve been previously convicted of operating while intoxicated, any subsequent charges will be treated much more harshly. Indiana OWI laws allow enhanced sentences for repeat offenders as a deterrence measure.
Protecting your rights
The presence of any of these factors in your OWI charge can considerably raise the stakes, and the sooner you seek legal guidance, the better your chances will be of mitigating the ramifications and safeguarding your interests.
