Yes. In Indiana, a new OVWI can become a Level 6 felony when you have a previous OVWI conviction within the prior seven years. That felony exposure can bring mandatory minimum jail or community service, treatment requirements, license problems, and significantly higher stakes.
Why does Indiana call a DUI an OVWI?
Most people call it a DUI. Indiana law generally calls the offense operating a vehicle while intoxicated, or OVWI.
A first OVWI can be a misdemeanor, depending on the facts. A repeat offense is a different story.
Indiana Code § 9-30-5-3 provides that certain OVWI offenses become Level 6 felonies when the person has a previous OVWI conviction within the seven years immediately preceding the new offense.
In plain English, the calendar matters.
A prior conviction from six-and-a-half years ago can still count. The new case does not remain a misdemeanor simply because the earlier case feels ancient.
That seven-year window can completely change what you are facing.
What does a Level 6 felony OVWI mean in Indiana?
A Level 6 felony carries a sentencing range of six months to two-and-a-half years. The advisory sentence is one year. Indiana law also permits a fine of up to $10,000.
That does not mean everyone convicted receives the maximum sentence. It does mean you are dealing with felony exposure instead of an ordinary misdemeanor case.
The prior conviction changes the legal landscape even when the new allegations seem similar to the first case.
That is why a second OVWI cannot simply be treated like a rerun of the first.
Is jail mandatory for a second OVWI in Indiana?
Indiana imposes mandatory minimum consequences for repeat OVWI convictions.
Under Indiana Code § 9-30-5-15, a person with one previous OVWI conviction must receive at least:
- Five actual days of imprisonment; or
- 240 hours of community restitution or service.
A person with at least two previous OVWI convictions must receive at least:
- 10 actual days of imprisonment; or
- 480 hours of community restitution or service.
The statute also requires an alcohol and drug abuse assessment. Appropriate treatment may also be ordered. These mandatory sentencing provisions cannot simply be suspended away.
And 240 hours of community service is not a minor inconvenience. That equals six 40-hour workweeks. And the sad reality is that many judges and prosecutors will not consider the community service option and insist on jail.
For someone balancing a job, children, and ordinary life, that can become a serious logistical problem.
Could another OVWI cause a 10-year habitual traffic violator suspension?
It can, depending on your driving record.
Indiana’s habitual traffic violator law can apply when someone accumulates enough qualifying judgments within a 10-year period. Three qualifying judgments under Indiana Code § 9-30-10-4(b) can trigger habitual violator status, and OVWI is one of the listed offenses.
A person who qualifies under that provision generally faces a 10-year suspension of driving privileges.
That is why an attorney should examine more than the newest arrest. Your complete driving and criminal history can matter.
License issues can also involve separate administrative proceedings, chemical-test consequences, and questions about specialized driving privileges.
How can an Indiana lawyer defend a second OVWI?
A prior conviction does not eliminate the State’s obligation to prove the new case.
The defense should still examine the evidence from the beginning. Questions can include:
- Was the traffic stop lawful?
- Did the officer have sufficient grounds to investigate an OVWI?
- Were field sobriety tests conducted properly?
- Was chemical testing performed according to the required procedures?
- Are there problems with the State’s timeline or other evidence?
There is also a second part of the defense: what you do after the arrest.
Being proactive can matter. An alcohol evaluation or appropriate treatment may help demonstrate that you are taking the situation seriously.
That can become particularly important when asking a court to trust you with favorable conditions or driving privileges.
Can a Level 6 felony OVWI ever become a misdemeanor?
Indiana law provides mechanisms that can allow some Level 6 felony convictions to be entered or later converted as Class A misdemeanors when the statutory requirements are satisfied. This is commonly discussed as alternate misdemeanor sentencing, or AMS.
It is not automatic.
Eligibility and the route to misdemeanor treatment depend on the circumstances of the case and applicable statutory requirements. A defense lawyer can evaluate whether misdemeanor treatment is realistically available.
For someone facing a felony OVWI, that distinction can be extremely important.
What should you do after a second OVWI arrest in Indiana?
Do not assume the second case will work like the first one.
A prior OVWI within seven years can elevate a new qualifying charge to a Level 6 felony. Repeat convictions also bring mandatory sentencing requirements, and additional qualifying driving convictions can create habitual traffic violator consequences.
The sooner the evidence and your driving history are reviewed, the sooner you can understand what you are actually facing.
If you have been arrested for a second or subsequent OVWI in Indiana, contact the Marc Lopez Law Firm at 463-222-0896 to speak with a lawyer today.
And remember—always plead the 5th.
