In Indiana, a second DUI is treated much more seriously than a first offense. Whether it’s called an OWI, a DWI, or a DUI, Indiana formally categorizes these crimes as OVWI, or operating a vehicle while intoxicated.
DUI: Not a “Normal” Crime
Most crimes require that the State prove mens rea, which is fancy-pants Latin for guilty mind. This makes it necessary for the prosecution to prove a defendant didn’t simply engage in criminal behavior—they knowingly acted with criminal intent.
DUI is not a normal crime, and one of the things that sets it apart is that it doesn’t matter if you meant to do it. The prosecution does not have to prove intent. Indiana makes no distinction between people who drive drunk on purpose and people who drive drunk accidentally.
An experienced Indiana DUI lawyer can tell you that judges and prosecutors understand this, and they know a first-time DUI offender is not necessarily a bad person or a problem drinker. After all, a DUI can happen to almost anyone. When it keeps happening though, judges typically take this to mean you haven’t learned your lesson.
Two DUIs Within Seven Years: Automatic Felony Charge
If you get a second DUI within seven years of the first one, this will be charged as a Level 6 felony, which carries a maximum penalty of two-and-a-half years in prison and $10,000 fine.
A felony conviction is no good. Having a felony on your record means you can’t own a gun.
Many employers actively discriminate against people with felonies. Professional licenses can be suspended or revoked. If your first DUI is more than seven years old, it’s not an automatic felony, but it’s still not great.
Two DUIs Within Your Lifetime: Mandatory Jail Time
A second DUI conviction—regardless of when the first one occurred—results in a mandatory minimum of five actual days in jail or 240 hours of community service. This is true even if your prior DUI was 25 years ago in a different state.
Keep in mind that prosecutors almost always seek more than the minimum sentence. You and your Indiana DUI lawyer should do the math before you go assuming that community service is the best possible option.
Assuming you’re given one year to complete 240 hours, that comes to more than four-and-a-half hours of community service every week. This is on top of your normal work and family obligations.
Two DUIs Within Your Lifetime: Minimum One-Year License Suspension
Everything is more serious with a second DUI, including the effect on your driving privileges. At the minimum—if your second DUI is charged as a misdemeanor—you’ll be facing a one-year license suspension.
If your second offense is charged as a felony, your license can be suspended for up to two-and-a-half years. Whether you’re allowed specialized driving privileges during this period is entirely up to the judge, but it never hurts to ask.
A Refusal Always Makes Things Worse
Of course, we haven’t even mentioned refusal suspensions yet. If you refuse the certified chemical test that’s offered to you by a police officer, this results in a mandatory one-year license suspension. If you have a prior conviction for DUI, your license is automatically suspended for two years.
A refusal suspension is ineligible for specialized driving privileges under Indiana law. It’s also required by statute to run consecutively to a suspension for chemical test failure, meaning that the refusal suspension has to finish before the next one can begin.
Refusal cases are bad, but they’re not necessarily doomed, and it’s important to recognize the severity of the situation without abandoning all hope. An experienced Indiana DUI lawyer can help you mitigate the damage to you personal and professional life and guide you to the best possible outcome.
Make the Right Call
A second DUI is a big deal, no matter what angle you look at it from. Standard punishments may vary from county to county, but you’re facing potentially severe penalties.
You want an attorney who’s seen it all before. You need the Marc Lopez Law Firm. Call us at 463-241-6548 and remember—always plead the 5th!
