Being charged with OWI is stressful enough.

When an accident is involved, the situation can become much more serious.

But one important point often gets misunderstood:

An accident does not automatically make an OWI a felony in Indiana.

The injuries, evidence, prior history, and circumstances of the crash can all matter.

Does an Accident Automatically Make an OWI a Felony?

No.

If an OWI involves property damage but no serious bodily injury, the accident itself does not automatically turn the OWI into a felony.

However, if the State alleges that the OWI caused serious bodily injury to another person, Indiana law generally treats that offense as a Level 5 felony.

And it can even be a more serious felony if other circumstances apply.

What If Someone Was Injured?

This is where the stakes can increase quickly.

Police and prosecutors may look at:

• How serious the injuries were
• Who was involved
• How the accident happened
• Breath or blood test results
• Witness statements
• Body camera footage
• Accident reconstruction
• Medical records
• The driver's prior OWI history

Not every injury automatically means the same charge.

The exact circumstances matter.

The Evidence Becomes Even More Important

An accident-related OWI case may involve much more evidence than a normal traffic stop.

That can include:

• Crash reports
• Photographs
• Vehicle damage
• Dash camera footage
• Body camera footage
• Witness statements
• Surveillance video
• Blood testing
• Medical records
• Accident reconstruction

The State's version of how the crash happened should be compared with the physical evidence.

Do Not Leave the Scene

If you are involved in an accident, leaving the scene can create an entirely separate criminal problem.

Indiana law generally requires a driver involved in an accident to stop and remain at or near the scene, exchange required information, and take additional steps when someone is injured.

Failing to comply can result in criminal charges, with penalties increasing when an accident involves injury, serious injury, or death.

An OWI case is already serious.

Leaving the scene can make the situation significantly worse.

What About My Driver’s License?

An OWI involving serious bodily injury can also carry major license consequences.

Indiana law requires a license suspension for certain convictions involving serious bodily injury while operating a motor vehicle, although specialized driving privileges may be available in some circumstances.

That makes it especially important to address the license side of the case early.

What About Whitley County?

In our experience, Whitley County takes OWI cases seriously.

When an accident or injury is involved, you should not assume the case will be treated like a routine first-time OWI.

The accident itself, injuries, chemical testing, driving behavior, video evidence, and causation should all be carefully reviewed.

Charged With OWI After an Accident?

At Baber & Baber, P.C., we help clients in Whitley County and Northeast Indiana understand OWI charges involving accidents, injuries, license consequences, and other serious allegations.

We review the evidence and help clients understand what they are actually facing.

We help keep you driving legally while fighting your OWI/DUI.

Call us at 260.244.4422 (Phones answered 24/7) for help with your OWI arrest or send us a message online by clicking here.