If you’re staring down your second DUI charge in Indiana, it’s time to throw out the playbook from your first offense. This isn’t just a rerun. It’s a sequel with significantly higher stakes—and it might be the kind that doesn’t come with a happy ending unless you act fast.
In the State of Indiana, a second DUI—or, more formally, Operating a Vehicle While Intoxicated (OVWI)—within seven years of your first conviction will likely be charged as a Level 6 felony. And that word—felony—isn’t just legal jargon. It’s a label with weight, consequences, and a long reach into your future.
Understanding the Stakes of a Felony DUI
Let’s be clear: A Level 6 felony is the lowest tier of felony in Indiana, but “lowest” doesn’t mean “lightweight.” You could still be looking at:
- Up to 2.5 years in the Indiana Department of Correction
- A $10,000 fine
- Mandatory jail time or community service, even on a plea agreement
- A lengthy driver’s license suspension
- Lifetime consequences for employment, housing, gun ownership, and more
Unlike a first-time DUI, which some courts are willing to view as an unfortunate one-off, a second DUI charge in Indiana is often seen by prosecutors and judges as proof you didn’t learn your lesson. They may assume you’re a danger to the public—and they’ll likely treat you accordingly.
What Makes a Second DUI So Serious?
The real difference with a second DUI is how the system reacts. Judges who were sympathetic the first time may now take a tougher stance. Prosecutors who were open to alternatives before may now push for jail time. And Indiana law? Well, it insists on it.
The bare minimum penalty for a second-time DUI offense includes:
- 5 actual days in jail, or
- 240 hours of community service
That’s just the floor. In reality, most prosecutors and judges are looking for more than the minimum. A second offense sends a message to the court—and the court is going to send one right back.
Why You Need a Strategic DUI Defense
If you’re facing a felony DUI in Indiana, you need more than a warm body with a law degree. You need a defense that’s calculated, creative, and aggressive. At the Marc Lopez Law Firm, we treat DUI defense as both a craft and a calling.
Our three main goals in a second-time DUI case:
- Minimize or eliminate jail time
- Get you back on the road with driving privileges
- Push to reduce the felony to a misdemeanor
That last one is a big deal. A felony conviction can follow you around for the rest of your life. It doesn’t have to define you—but it will absolutely complicate things. That’s why we go all-in on finding weaknesses in the case. Bad stop? Shaky field sobriety tests? Issues with chemical testing? We don’t just look—we dig.
Timing Is Everything
When it comes to defending a second DUI charge, the clock is your enemy. Every day you wait is a missed opportunity. From the prosecutor’s perspective, early steps—treatment, counseling, or community engagement—look a lot more sincere than last-minute damage control.
This is especially true in felony DUI cases. Starting early doesn’t just help us build a better case—it helps shape how you’re perceived. And when your future is in the hands of a judge, perception matters.
Why Second DUIs Hit So Hard
The problem with a second DUI is that the consequences don’t end when the case does. Jail time is just the beginning. A felony conviction can:
- Disqualify you from many jobs and licenses
- Impact your right to vote or own a firearm
- Limit housing options
- Create serious hurdles in child custody disputes
- Destroy your reputation and relationships
And let’s not forget about driving. A suspended license in Indiana can stretch for years, especially if the BMV tacks on its own administrative penalties. Losing the ability to drive can affect everything—from your job to your ability to care for family members.
There’s Still Hope—But You Have to Act
It’s easy to feel overwhelmed after a second DUI arrest. You may be thinking, I’ve already been through this. I know what to expect. But here’s the truth: You don’t.
This time, the system is less forgiving. This time, the consequences are heavier. But that doesn’t mean you’re out of options.
The Marc Lopez Law Firm fights Indiana DUI / DWI cases every single day. We understand the nuances. We know the local courts. We’ve helped hundreds of clients avoid jail, keep their licenses, and downgrade felonies to misdemeanors.
Make the Right Call
A second DUI charge in Indiana is no joke. It’s a legal emergency—and the way you respond could determine the next several years of your life.
Don’t wait for the State to build its case while you sit on your hands. Be proactive. Be aggressive. Be smart.
Call the Marc Lopez Law Firm at 463-222-0793. We’ll walk you through your options, fight for your future, and give you the defense you deserve.
And whatever you do—always plead the 5th.
