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If you’ve been charged with a DUI, OWI, or OVWI in Indiana and this isn’t your first time, you’re facing a very different kind of case.
Indiana law treats repeat drunk-driving offenses much more harshly than first-time charges and that difference can define the rest of your life.
Here’s the rule:
If you’re convicted of a second DUI within seven years of your first one, it’s a felony. Judges and prosecutors don’t see it as a simple mistake. They see it as a pattern. And once the State labels you a repeat offender and everything gets more complicated, from sentencing to your driver’s license.
You might think, “It’s been years since my last case, shouldn’t that count for something?”
Unfortunately, under Indiana law, that gap doesn’t erase your record. If the previous conviction happened within seven years, it counts. Prosecutors often argue that a second DUI means “the person just didn’t learn their lesson,” and judges tend to agree.
This attitude translates into stiffer penalties, stricter supervision, and far less room for negotiation.
Even if you’re willing to accept responsibility, the court’s default position is that stronger punishment is the only way to make the point.
With a second DUI conviction, there are mandatory minimum penalties that every judge must enforce:
That might sound like an option, but in most Indiana counties, it isn’t. Many judges prefer jail time because they believe it’s a more effective deterrent. And for those who do allow community service, the conditions are strict, meaning you’ll have a year or two at most to finish those 240 hours, and missing the deadline can land you right back in court for a probation violation.
Community service might seem like the “easy” way out, but we’ve seen it backfire more times than we can count. The workload is heavy, the deadlines are tight, and one small mistake can jeopardize the deal you worked so hard to reach.
The difference between a misdemeanor and a felony is more than just paperwork.
A felony conviction affects your rights, your reputation, and your future in ways that most people don’t anticipate:
Clients often call us years after their case, frustrated by the lingering fallout. The phrase we hear most often is: “I had no idea it would still be following me.” That’s the reality of a felony conviction in Indiana, it follows you everywhere.
If you’re convicted of a second DUI, expect at least a one-year license suspension.
Depending on the circumstances, especially if you refused a breath or blood test, the suspension can easily double to two years or more.
You might qualify for specialized driving privileges (a restricted license that allows you to drive for work or family obligations), but this isn’t automatic. It’s up to the judge, and not every judge allows it, particularly when there’s a prior DUI on record.
For repeat offenders, losing the ability to drive is often the hardest part. It affects your job, your independence, and your family. That’s why acting early and having the right legal strategy in place makes all the difference.
A lot of people charged with a second DUI think there’s no way out: “They caught me. I’ll just plead guilty and get it over with.”
That line of thinking can cost you your freedom and your future.
Every DUI case has moving parts:
Was the traffic stop legal?
Were the field sobriety tests properly administered?
Was the breath test calibrated and performed according to Indiana Code?
An experienced Indiana criminal defense attorney will look at each of these questions and attack weaknesses in the State’s evidence. The Marc Lopez Law Firm has spent years defending people in exactly your situation. Our team knows the law, knows the judges, and knows where to find leverage in DUI cases, especially repeat offenses.
When you’re facing a second OVWI, time matters. The earlier you act, the better your chances of protecting your record and minimizing the damage.
The moment you hire the Marc Lopez Law Firm, we build an action plan that starts immediately. That plan might include:
Judges take notice when a person takes responsibility before being told to. It shows accountability and that can influence everything from sentencing to the possibility of reducing a felony to a misdemeanor.
Beyond the court system, there’s the personal impact.
Repeat DUI cases often bring embarrassment, fear, and a sense of helplessness. Maybe you’re worried about how your employer will react or whether you’ll lose your driver’s license before you can get to work tomorrow. Maybe you’re trying to hold your family together while the legal process grinds on.
We get it. At the Marc Lopez Law Firm, we’ve helped thousands of people through exactly this situation. We know how to handle the legal side so you can focus on your life, your job, and your recovery. No judgment—just results.
A second DUI is not the time to gamble. The consequences are higher, the law is stricter, and the system is less forgiving.
That’s why hiring the best criminal defense lawyer you can find isn’t a luxury, it’s a necessity.
At our firm, we combine experience, strategy, and relentless advocacy. Every case gets a tailored defense plan because no two clients are the same. Whether we’re challenging evidence, negotiating with prosecutors, or preparing for trial, the goal is simple: protect your future and get you through this with as little damage as possible.
Is a second DUI always a felony?
If the prior conviction occurred within seven years, yes. Outside of that window, it can still be enhanced depending on the facts, but the automatic felony rule applies within seven years.
Can I avoid jail with community service?
It depends on the county and the judge. Some allow community service instead of jail, but most prefer actual jail time for repeat offenders.
Can a felony DUI ever be reduced to a misdemeanor?
Possibly. Successful completion of probation and certain court-ordered programs may allow your attorney to petition for a reduction. Each case is different.
Can I get a hardship license or specialized driving privileges?
Maybe. Specialized driving privileges are granted at the judge’s discretion. Having a strong legal argument, and demonstrating proactive behavior, makes a big difference.
What’s the first step I should take?
Call an attorney who focuses on DUI defense immediately. The earlier your lawyer gets involved, the more control you have over the outcome.
The Marc Lopez Law Firm has built its reputation as one of Indiana’s leading criminal defense firms by doing one thing consistently. That one thing is fighting for our clients. Every attorney in our office believes in second chances, but we also believe in preparation, communication, and smart strategy.
We don’t just show up to court and hope for the best. We build your defense from the ground up:
When your freedom, your job, and your record are on the line, you need more than a lawyer. You need a team that knows what it takes to win.
If you or someone you care about is facing a repeat DUI / OVWI charge in Indiana, don’t wait for things to get worse. Felony charges, license suspensions, and jail time are all on the line, but they’re not inevitable.
Call the Marc Lopez Law Firm at 463-288-6270 today.
We’ll walk you through your options, build a defense that fits your situation, and fight to protect your future.
And whatever you do, remember to always plead the 5th.