If you’ve been charged with a second DUI (referred to as OVWI in Indiana), you may be wondering why the consequences are so much harsher than your first offense. Many people are caught off guard by the severity of Indiana’s laws regarding repeat drunk driving offenses.
At The Marc Lopez Law Firm, we have helped countless individuals navigate Indiana’s complex DUI/OVWI laws. If you’re facing a second or subsequent OVWI charge, it’s critical to understand the legal landscape, potential penalties, and how an experienced DUI attorney can make a difference in your case.
What Happens When You Get a Second OVWI in Indiana?
In Indiana, the penalties for an OVWI (Operating a Vehicle While Intoxicated) become significantly more severe if you already have a prior conviction. Even if your first conviction happened years ago, it can still impact your current charges.
1. Misdemeanor vs. Felony Charges
A first-time OVWI is typically charged as a Class C misdemeanor unless there are aggravating factors. However, a second OVWI offense within seven years of your first conviction is automatically elevated to a Level 6 felony.
What does this mean for you?
- Instead of facing a maximum of one year in jail, you could be looking at up to 2.5 years behind bars.
- A felony conviction means you could lose certain rights, including the right to own a firearm and the ability to vote while incarcerated.
- Felonies make it harder to find a job, housing, or obtain certain professional licenses.
2. Mandatory Jail Time and Sentencing Enhancements
Even if your second OVWI occurs more than seven years after your first conviction, it doesn’t mean you’ll escape severe penalties. Indiana law mandates:
- At least five days in jail for a second OVWI conviction.
- If you have two prior OVWIs, the mandatory minimum jumps to 10 days in jail—no matter how long ago the prior offenses occurred.
- Fines of up to $10,000 and court fees that quickly add up.
3. License Suspension and Ignition Interlock Devices
Indiana has strict driver’s license suspension laws for repeat DUI offenders. You could face:
- A one-year to two-and-a-half-year license suspension if convicted.
- A longer suspension if you refused a breathalyzer under Indiana’s implied consent laws.
- The requirement to install an Ignition Interlock Device (IID) on your vehicle to regain driving privileges.
A suspended license can affect your job, family obligations, and daily life. Without legal help, you could find yourself without a way to drive for years.
Why Are Second DUI/OVWI Offenses Punished More Harshly?
You might be wondering, “Why can’t I just get probation again?” Many clients are shocked to learn that the prosecutor’s answer is often: “Because it didn’t work the first time.”
Judges and prosecutors take repeat offenses very seriously. The logic is that if probation didn’t prevent a second offense, then harsher penalties are necessary to deter future violations. Additionally:
- Indiana lawmakers have increased penalties for repeat offenders to discourage drunk driving.
- If your first OVWI resulted in injury or death, any subsequent offense will likely be charged as a major felony, leading to even steeper consequences.
Third DUI/OVWI: The Habitual Offender Designation
If you are charged with a third OVWI, the penalties increase exponentially.
- You could be labeled as a Habitual Traffic Violator (HTV), which may result in a 10-year license suspension or a lifetime ban from driving.
- You may also be charged as a Habitual Vehicular Substance Offender, which can add years to your sentence.
How a DUI/OVWI Attorney Can Help You Fight the Charges
When facing a repeat DUI offense, hiring an experienced DUI defense attorney is crucial. At The Marc Lopez Law Firm, we take a strategic approach to help you fight your charges and minimize the impact on your life.
1. Challenging the Evidence
Many OVWI arrests involve field sobriety tests, breathalyzer tests, and blood draws. These tests are not always accurate. A DUI defense attorney can challenge:
- Improperly conducted field sobriety tests
- Inaccurate breathalyzer readings due to calibration or medical conditions
- Illegal traffic stops that violated your rights
2. Negotiating with Prosecutors
A skilled attorney may be able to negotiate a plea agreement to reduce your felony charge to a misdemeanor. This can:
- Help you avoid felony status on your record.
- Reduce potential jail time.
- Prevent long-term consequences like job loss or professional license suspension.
3. Advocating for Alternative Sentencing
Instead of jail, our attorneys fight for alternative sentencing options, including:
- Home detention or work release
- Substance abuse treatment programs
- Specialized driving privileges so you can continue working
Facing a Second or Third DUI? Call The Marc Lopez Law Firm Today
If you or a loved one is facing a second or third DUI/OVWI charge in Indiana, time is of the essence. The earlier you hire an experienced DUI defense attorney, the better your chances of reducing penalties, avoiding jail, and protecting your future.
Let’s discuss your case, your options, and how we can fight for the best possible outcome. Call us today at 463-363-0588 for a free consultation, and remember—always plead the Fifth!
