Felony OWI in Fishers, IN

Hamilton County Prosecution Experience, Now on Your Side

Indiana calls it operating while intoxicated (OWI), not DUI, but most people use the terms interchangeably. Whatever you call it, a felony-level charge is categorically different from a misdemeanor. Prison time is measured in years, not days. A conviction stays on your record permanently and counts as a prior offense for any future charge. The window to act is short because administrative license suspension can begin before your first court date.

At Massillamany Jeter & Carson LLP, we handle felony OWI defense in Fishers and throughout Hamilton County. Founding partner Mario Massillamany prosecuted cases in both the Marion County and Hamilton County Prosecutor’s offices before transitioning to defense, giving him direct knowledge of how the state builds OWI cases in the same courts where your charge may be filed. Combined with a team carrying more than 150 years of collective legal experience, that background shapes how we approach every felony-level matter.

If you’re facing a felony OWI charge in Fishers or Hamilton County, don’t wait. Call us at (317) 434-1490 or schedule a consultation through our website.

When an OWI Becomes a Felony in Indiana

A first OWI offense is typically a misdemeanor, but several circumstances can elevate the charge before you ever appear in court. Indiana Code IC 9-30-5-3 and IC 9-30-5-4 provide the primary triggers.

These factors automatically elevate an OWI to a felony:

• Prior OWI conviction within the last seven years raises a new charge to a Level 6 felony
• Passenger under 18 years old results in a Level 6 felony even for a first-time offender
• Serious bodily injury to another person can result in a Level 5 or Level 6 felony depending on prior history
• Death of another person can result in Level 4 or Level 5 felony charges

Any one of these factors changes the entire trajectory of the case, the potential sentence, and the long-term consequences you’re facing.

Felony OWI Penalty Ranges in Indiana

Indiana structures felony OWI charges by level, with each level carrying a defined sentencing range.

Level 6 Felony OWI
Six months to two and a half years in prison, with an advisory sentence of one year. Fines up to $10,000. A mandatory minimum of five actual days applies if you have one prior OWI conviction; 10 days if you have two or more. In some circumstances, a court may consider conversion to a Class A misdemeanor under IC 35-50-2-7.

Level 5 Felony OWI
One to six years in prison and fines up to $10,000. This level typically involves serious bodily injury to another person.

Level 4 Felony OWI
Two to 12 years in prison and fines up to $10,000. This is the most serious felony OWI classification, typically involving a death or a serious bodily injury charge with a prior OWI conviction on record.

Beyond the base sentence, Indiana’s Habitual Vehicular Substance Offender (HVSO) enhancement can apply when someone has multiple prior OWI convictions. If the prosecutor files the HVSO designation, it adds one to eight years of mandatory prison time on top of the underlying felony sentence. Driver’s license suspension in felony cases ranges from 180 days to 10 years depending on the offense level and whether habitual traffic violator status applies.

What a Felony Conviction Costs Beyond the Sentence

The prison term and fines are the headline, but the collateral consequences of a felony OWI conviction follow you long after you’ve served any sentence.

• Professional licenses can be suspended or revoked for holders of nursing, teaching, law, and other state-regulated credentials
• Commercial driver’s license (CDL) disqualification can be permanent, ending a career in transportation
• Firearm rights are affected under both Indiana and federal law following a felony conviction
• Employment and housing background checks flag felony records and can limit your options for years
• Expungement under Indiana’s Second Chance Law (IC 35-38-9) requires an eight-year waiting period for a Level 6 felony OWI before a petition may even be filed

These consequences don’t resolve on their own, which is why the defense of a felony charge deserves serious attention from day one.

Why Fishers Residents Facing Felony OWI Charges Turn to Massillamany Jeter & Carson LLP

Felony OWI cases in Hamilton County are handled in the Hamilton County Superior Courts, and attorneys who know those courtrooms are often the ones who have worked in them. Mario Massillamany prosecuted OWI cases in Hamilton County before building a defense practice here in Fishers. That experience on both sides of the courtroom informs how we evaluate evidence, identify weaknesses in the state’s case, and navigate plea negotiations with prosecutors in the same system.

Our team-based approach means a felony-level matter draws on more than 150 years of combined legal experience rather than a single attorney’s bandwidth. You’ll have direct access to your attorney and a collaborative team working your case, not a large firm’s intake process. Founded in 2015 and based in Fishers, we’re in the community where your case is filed.

Get Counsel Before the Administrative Clock Runs Out

After a felony OWI arrest, the administrative license suspension process runs on its own timeline, separate from the criminal case. Acting quickly preserves options, including the ability to petition for Specialized Driving Privileges (SDP) for work, school, or essential needs while the case is pending. Waiting can narrow what’s available.

Massillamany Jeter & Carson LLP offers consultations for individuals facing felony OWI charges in Fishers and Hamilton County. Call us at (317) 434-1490 or reach out through our website to speak with our team about your situation.