What elevates an OWI charge to a misdemeanor enhancement in Indiana?

To enhance an Operating While Intoxicated (OWI) charge to a misdemeanor in Indiana, a Blood Alcohol Concentration (BrAC/BAC) greater than 0.15 is a crucial factor. A BrAC/BAC of this level indicates a significantly higher degree of impairment compared to the standard legal limit, which is 0.08. This elevated level demonstrates a serious disregard for safety, potentially justifying greater penalties.

The legal framework in Indiana recognizes that a higher BrAC/BAC not only increases the risk of dangerous behavior but also signifies the individual's need for stricter enforcement actions and consequences. Consequently, charges can be elevated from a Class A misdemeanor to a more severe classification based on the level of impairment indicated by the BrAC/BAC reading.

This specific threshold helps to differentiate various levels of intoxication, allowing law enforcement and the judicial system to impose penalties that reflect the severity of the offense and better address public safety concerns.