Not all second DUI arrests are treated the same under Indiana law. The severity of the charge and potential penalties depend on when the second arrest occurs in relation to your first conviction.
Second DUI Within Seven Years – Felony Charge
If your second DUI arrest happens within seven years of your first conviction, it is automatically classified as a Level 6 felony under Indiana law. This is a significant escalation from a first-time offense, which is typically a misdemeanor.
Potential Penalties:
- Jail Time: A second DUI within seven years carries a possible sentence of six months to two and a half years in jail.
- Community Corrections & Work Release: This is often a requested punishment for repeat DUI Offenders.
- Fines: You could face up to $10,000 in fines.
- Probation: Even if you avoid the maximum jail time, probation conditions for repeat DUI offenders are often strict.
- License Suspension: At a minimum, you will face a one-year driver’s license suspension. In many cases, the suspension lasts much longer.
- Ignition Interlock Device (IID): You may be required to install an alcohol-detecting breathalyzer in your vehicle, preventing it from starting if alcohol is detected.
Indiana courts and prosecutors take second DUI offenses within seven years extremely seriously. They view repeat offenses as a sign that the individual has not learned from their previous mistake. As a result, they are often more aggressive in seeking convictions and harsher penalties.
Second DUI Beyond Seven Years – Still a Serious Offense
Some people mistakenly believe that if their first DUI conviction was more than seven years ago, it “doesn’t count” or won’t be used against them. This is not true.
Even if your first DUI was 10, 15, or even 30 years ago, it can still play a role in your current case. In Indiana, prior DUI convictions never truly disappear, and prosecutors can use them to argue for harsher penalties—even if the new offense is technically a misdemeanor.
Key Differences Compared to a Felony DUI:
- The charge may still be a misdemeanor instead of an automatic felony, depending on the circumstances.
- Prosecutors may be slightly more lenient than they would with a DUI within seven years, but that does not mean the case will be easy.
- Judges still take repeat DUIs seriously, and many have a zero-tolerance approach for second-time offenders.
If you are facing a second DUI outside the seven-year window, do not assume that means you are in the clear. You still need a strong defense to protect yourself.
License Suspension and Driving Privileges
One of the biggest concerns for individuals facing a second DUI charge is the loss of their driver’s license.
Minimum One-Year Suspension
Under Indiana law, a second DUI conviction comes with a mandatory minimum one-year suspension of driving privileges. However, depending on the circumstances of your case, the suspension could be much longer.
If you rely on your vehicle for work, childcare, or medical appointments, a long-term suspension can be devastating. Fortunately, there may be options to regain limited driving privileges through:
- Specialized Driving Privileges (SDP): This allows individuals to drive to work, school, medical appointments, or other essential destinations during the suspension period.
- Ignition Interlock Device (IID) Programs: Some judges allow individuals to regain limited driving privileges if they install an IID in their car.
It is critical to start working on these options as soon as possible after your arrest. Prosecutors are often more willing to negotiate these privileges if you show early commitment to compliance.
Jail Time vs. Community Service
Many people assume that if they are convicted of a second DUI, they will automatically have the option of choosing community service instead of jail time.
This is not necessarily true.
Mandatory Minimum Sentences for a Second DUI Conviction:
- 5 Days in Jail OR
- 240 Hours of Community Service
However, it’s important to understand:
- Judges do not have to offer community service. In fact, many Indiana judges refuse to accept community service in place of jail time.
- Prosecutors often push for jail time. In their view, if someone is facing a second DUI charge, they are not learning their lesson, and they may demand harsher penalties.
- The minimum sentences are just that—minimums. Many judges go beyond the five-day requirement and impose longer jail sentences.
If avoiding jail time is a priority, you need an aggressive legal defense to fight for the best possible outcome.
Why Immediate Action is Crucial
If you are facing a second DUI charge, what you do in the first few weeks after your arrest can significantly impact your case.
Steps You Should Take Right Away:
- Hire an Experienced DUI Attorney. The prosecution will build its case quickly. You need a legal defense team that is ready to fight from day one.
- Start Taking Proactive Steps.
- Enroll in county approved alcohol treatment or education programs.
- Explore with the attorney whether or no AA meetings or other rehabilitation efforts are worth pursuing.
- Prepare for Court. Showing the judge that you are taking responsibility for your actions (without admitting guilt) can be critical to obtaining a favorable outcome.
At The Marc Lopez Law Firm, we provide concrete action steps that can only help your case, not hurt it. Our goal is to present you as a responsible, proactive person rather than someone who needs to be punished.
How We Fight Second DUI Cases
At The Marc Lopez Law Firm, we take DUI defense seriously. Our approach includes:
- Examining the Evidence: Was the traffic stop legal? Was the breath test properly administered? Are there inconsistencies in the officer’s report?
- Challenging the Prosecution: We fight back against flawed evidence and exaggerated charges.
- Negotiating for Reduced Charges: In some cases, we can get a DUI reduced to a reckless driving charge, avoiding felony status and long-term consequences.
- Advocating for Alternative Sentencing: If jail time is on the table, we push for options like house arrest, work release, or probation.
We don’t just accept what the prosecution says—we fight back.
Make The Right Call
If you or a loved one is facing a second DUI charge in Indiana, you need an aggressive, experienced defense attorney who understands how to beat these charges. Call us today at 317-632-3614 for a free consultation, and remember—always plead the Fifth!
