Getting arrested for a second DUI in Indiana is not the same as getting arrested the first time.
For starters, Indiana does not officially call it DUI. In this state, the charge is usually OVWI, which stands for operating a vehicle while intoxicated. People also use terms like OWI, DUI, and drunk driving. In everyday conversation, they all point to the same basic problem: the State believes you operated a vehicle while intoxicated.
The second time around, the stakes are higher. Prosecutors tend to be less flexible. Jail becomes a real possibility. Your driver’s license may be suspended for longer. Depending on when your first OVWI happened, you may even be facing a felony.
If you have been charged with a second DUI, OWI, or OVWI in Indiana, this is not the time to guess your way through the criminal justice system. This is the time to hire a criminal defense attorney who understands how these cases are built, how they can be challenged, and what needs to happen to protect your future.
DUI, OWI, and OVWI: What Is the Difference in Indiana?
In Indiana, the formal criminal charge is typically operating a vehicle while intoxicated, or OVWI.
That said, most people do not talk like the Indiana Code. They say DUI. They say OWI. They say drunk driving. For practical purposes, these terms are often used interchangeably, but the paperwork from the court will likely say OVWI.
A DUI / OVWI case generally focuses on whether the State can prove that you were:
- Operating
- A vehicle
- While
- Intoxicated
Those elements matter. If the State cannot prove them, the case has problems.
Is a Second DUI in Indiana a Felony?
Sometimes. Not always.
Under Indiana law, a person who violates Indiana’s OVWI law can be charged with a Level 6 felony if they have a previous OVWI conviction that occurred within the seven years immediately before the new alleged offense.
In plain English: if your first OVWI was within the last seven years, your second DUI / OVWI can be filed as a felony.
That can be true even if the new case would have been a misdemeanor by itself. The prior conviction changes the math. It changes the way the prosecutor looks at the case. It changes the risk you are carrying.
If the first OVWI was older than seven years, the new case may still be serious, but it is less likely to be filed as a felony based only on the prior. This is one reason dates matter so much in second DUI cases. One year, one month, or even a few days can make a major difference.
Will I Go to Jail for a Second DUI in Indiana?
This is usually the first question people ask.
The honest answer is: it depends.
It depends on the county. It depends on the judge. It depends on the prosecutor. It depends on whether there was a crash, a high alcohol concentration, a refusal, a passenger, bad driving, injuries, or other aggravating facts. It also depends on what happened in your first case and how recently it happened.
But here is the part you need to know: Indiana law requires additional consequences when a person has one prior OVWI conviction. The court must order at least five days of imprisonment or at least 240 hours of community restitution or service, along with an alcohol and drug abuse assessment and treatment if appropriate.
That does not mean every second OVWI case ends the same way. It does mean you should treat the situation seriously from the beginning.
No one wants to hear the phrase “mandatory jail.” No one wants to explain to an employer why they need time off for a drunk driving case. No one wants to spend the rest of their life dealing with the consequences of a conviction that might have been handled differently with the right defense strategy.
What Happens to Your License After a Second OVWI?
A second DUI / OVWI can create serious driver’s license problems.
There are two big questions:
1. Did you refuse a certified chemical test?
Indiana has implied consent rules. If an officer believes there is probable cause for an OVWI investigation, the officer may request a certified breath test or blood draw. Refusing that test can trigger an automatic suspension.
Indiana law provides that if a chemical test refusal is reported, the BMV shall suspend driving privileges for one year, or for two years if the person has at least one previous OVWI conviction.
This can happen even if you believe you were sober. Refusal is its own problem.
2. Can you get specialized driving privileges?
Specialized driving privileges may allow a person to drive for work, school, medical appointments, childcare, church, or other necessary purposes. But with a second OVWI, the State may push back harder.
The prosecutor may argue: “This has happened before. Why should the court trust this person to drive again?”
That does not mean you automatically lose. It means your attorney needs to be prepared to explain why limited driving is appropriate, what safeguards can be put in place, and why the court should give you a path forward.
Common Defenses to a Second DUI / OVWI Charge
A second OVWI charge is serious, but it is not automatic proof of guilt.
The State still has to prove its case. The same defenses that apply in a first DUI case can also apply to a second DUI case. Sometimes the prior conviction makes negotiations harder, but it does not make the police immune from mistakes.
Was the traffic stop lawful?
Police need a lawful reason to stop your vehicle. Maybe the officer says you were speeding, swerving, drifting, or failing to signal.
Fine. Where is the video?
Dashcam and bodycam footage matter. If the officer says you were all over the road, but the video shows you driving normally, that can change the case.
Were the field sobriety tests done correctly?
Standardized field sobriety tests are supposed to be administered in specific ways. If the officer gives poor instructions, skips steps, chooses a bad testing surface, or misinterprets results, those tests may be vulnerable to challenge.
People sometimes “fail” these tests for reasons that have nothing to do with alcohol: injuries, footwear, nerves, medical conditions, poor lighting, bad weather, or simple confusion.
Was the breath test or blood draw handled properly?
Chemical testing is not magic. Machines require proper maintenance. Officers must follow procedures. Blood draws must be performed and documented correctly. Chain of custody matters.
A breath or blood result may look intimidating, but a criminal defense attorney should still ask: Was the test valid? Was it timely? Was it properly administered? Does the paperwork match what actually happened?
Does the video match the police report?
Police reports often include phrases like “slurred speech,” “bloodshot eyes,” “odor of alcohol,” and “poor balance.”
Sometimes the video backs that up. Sometimes it does not.
If the officer writes that you were staggering, but the video shows you walking normally, speaking clearly, and following directions, that matters. The video does not have to be perfect to be useful. It just has to create doubt.
Why Hiring a Criminal Lawyer Matters in a Second DUI Case
A second DUI in Indiana is not a “wait and see” situation.
By the time your first court date arrives, important things may already be happening with your license, your bond conditions, your employment, and the evidence in your case. Hiring a criminal lawyer early gives your defense team time to review the facts, preserve evidence, challenge weak assumptions, and start working toward the best possible outcome.
The Marc Lopez Law Firm understands that people charged with OVWI are often scared, embarrassed, and overwhelmed. We also understand that good people can find themselves in bad situations. Our job is not to judge you. Our job is to fight for you, explain your options, and help you make smart decisions at every step.
Make the Right Call
If this is your second DUI, OWI, or OVWI in Indiana, the State is going to treat the case differently. You should, too.
A second drunk driving charge can threaten your freedom, your license, your job, and your record. Do not assume the worst, but do not ignore the risk. The right defense can make a meaningful difference.
If you or someone you love has been charged with a second DUI / OVWI in Indiana, call the Marc Lopez Law Firm at 463-222-0896. We know how to fight these cases, and we know what is at stake.
And remember: always plead the Fifth.
