Indiana’s ‘Endangerment’ Enhancement: When a Simple OWI Becomes a Level 6 Felony

Posted on December 10, 2025
  • DUI

    • Driving under the influence of alcohol or drugs is a serious matter in Indiana, which is why it is punished harshly in the state. However, if your conduct is determined to have endangered others, the consequences can be even more severe.

    An experienced DUI defense attorney in Indianapolis with The Criminal Defense Team can review your case to determine if your OWI is being charged with an endangerment enhancement and what legal defenses we can raise in your case. 

    What Is OWI?

    Police can charge a person with an operating while intoxicated (OWI) offense if they have a blood alcohol concentration of 0.08% or higher, have any amount of a Schedule I or II in their system, or drive while intoxicated to a degree that it renders them incapable of safely operating a vehicle. 

    This offense is typically charged as a Class C misdemeanor in Indiana, punishable by up to 60 days in a county jail and a fine of up to $500. The court has the discretion to order alternative sentencing, so many people do not serve jail time for a first-time offense. 

    If the person’s blood alcohol level is elevated, the offense can be charged as a Class A misdemeanor, punishable by up to one year in jail and a fine of up to $5,000.

    What Is OWI with a Criminal Enhancement?

    In Indiana, an OWI charge can be elevated when the driver creates a risk to others, commonly known as an OWI endangerment. This enhancement can convert a routine misdemeanor into a serious criminal matter, sometimes elevating the offense to a felony-level crime. 

    The endangerment enhancement occurs, according to Indiana Code 9-30-5-2(b), when the driver “operates a vehicle while intoxicated in a manner that endangers a person.” Therefore, it’s not necessary to show that anyone was actually injured; it’s enough to show that someone could have been injured. The person endangered could be other motorists, pedestrians, and passengers, among others.

    Examples of conduct that can constitute endangerment include:

    • Driving aggressively 
    • Speeding excessively
    • Driving with passengers in the car
    • Running red lights or stop signs
    • Swerving across lanes of traffic
    • Veering into oncoming traffic
    • Causing a crash or near-miss
    • Driving impaired while near pedestrians or bicyclists

    An OWI endangerment is often charged as a Class A misdemeanor, subjecting defendants to punishments of up to one year in jail and fines of up to $5,000.

    When Is OWI Charged as a Felony?

    In some situations, an OWI endangerment charge is elevated to a Level 6 felony, such as when:

    • The driver has a previous OWI within the last seven years.
    • The driver drove under the influence with a child in the vehicle.
    • The driver operated the vehicle with a BAC of 0.15% or more in conjunction with endangerment.

    Level 6 felonies are punishable by six months to two and a half years in prison and fines of up to $10,000.

    If the endangered person was injured or someone was killed in the accident, the penalties can be even more severe, and the offense can be classified as a Level 5, 4, or 3 crime, punishable by years behind bars and up to $10,000 in fines.

    The Criminal Defense Team Can Help Fight for You

    If you’re facing OWI endangerment charges in Indiana, contact The Criminal Defense Team of Baldwin Perry & Wiley PC for immediate legal advice and representation. Call us at (317) 743-3295 for a free consultation.