Facing an OWI Causing Death Charge After a Fatal Crash in Fishers
A fatal crash tied to drinking or drug use turns your life upside down overnight. You need straight answers and someone who will stand beside you from this point forward.
As a Fishers DUI causing death lawyer, Andrew J. Baldwin has practiced criminal defense in Indiana since the 1990s. He is certified as a criminal trial specialist by the National Board of Trial Advocacy, a distinction he has held since 2008.
At The Criminal Defense Team, that background helps us find the clearest path forward. That may mean preparing for trial. It may mean working toward a resolution that fits your goals and the facts of your case. Reach out to talk through what this charge means for you and your family.
| CRIMINAL DEFENSE SINCE THE 1990S | CRIMINAL TRIAL SPECIALIST CERTIFIED BY THE NATIONAL BOARD OF TRIAL ADVOCACY | OFFICES IN FRANKLIN, INDIANAPOLIS & NOBLESVILLE |
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OWI Causing Death Charges We Defend Against in Fishers
In Indiana, a DUI is called operating while intoxicated, or OWI. A Fishers DUI causing death attorney at our firm builds defenses around cases involving:
- A first OWI arrest that led to a fatal crash
- A prior OWI conviction that prosecutors may use to seek extra prison time
- More than one death from a single crash, charged as separate counts
- Blood or breath test results that were collected or handled incorrectly
- Allegations involving a controlled substance rather than alcohol, including drugs taken with a valid prescription
Each situation calls for its own defense strategy, and figuring out which one fits your case comes first.
What an OWI Causing Death Conviction Can Cost You in Hamilton County
Causing a death while operating a vehicle is a Level 4 felony under Indiana Code 9-30-5-5 in any of three situations. The first is having a blood alcohol concentration (BAC) of 0.08 or higher. The second is having a Schedule I or II controlled substance, or what it breaks down into, in your blood. The third is being intoxicated. A conviction can result in a prison sentence of 2 to 12 years and a fine of up to $10,000.
A prior OWI conviction does not change this charge, but earlier OWI convictions can let prosecutors ask for 1 to 8 extra years under Indiana’s habitual vehicular substance offender law, which targets repeat OWI offenders.
Frequently Asked Questions
Do I need to talk to a lawyer right away after an OWI causing death arrest in Fishers?
Yes. Early decisions about chemical testing, bond, and what you say to police can shape the entire case.
Which court hears OWI causing death cases from Fishers?
Fishers sits in Hamilton County, so felony OWI causing death charges are typically filed in the Hamilton County courts in Noblesville.
Is OWI causing death always charged as a felony in Indiana?
Yes. Causing a death while intoxicated is always charged as a Level 4 felony under Indiana law.
What happens if more than one person died in the crash?
Indiana law treats each death as a separate offense, so a crash that kills more than one person can lead to multiple felony counts rather than one.
Do you offer a free consultation?
Yes. You can talk through the facts of your case and what to expect at no cost before deciding how to move forward.
Talk to a Fishers DUI Causing Death Lawyer About Your Case
An OWI causing death charge can mean years in prison and a felony record that follows you long after the case ends. The sooner a Fishers DUI causing death defense lawyer reviews the evidence, the sooner you will know what options you have. Contact The Criminal Defense Team today for a free consultation about what comes next.