When it comes to DUIs, Indiana’s legal system takes a progressively harsher stance as the offenses pile up. For anyone facing their third DUI, there are immediate, proactive steps they can take to mitigate the severe penalties. The first and most obvious move is to contact an experienced Indiana DUI lawyer.
The First DUI: A Wake-Up Call
In Indiana, the first DUI offense is often treated as a serious mistake rather than a heinous criminal act. Prosecutors and judges may see it as an opportunity for the individual to learn and reform.
The penalties typically include fines, community service, probation, and mandatory participation in an alcohol education program. The underlying message is clear: Take this as a wake-up call and make better life choices moving forward.
The Second DUI: Consequences for a Repeat Offender
A second DUI in Indiana signals to the court that you have not heeded the wake-up call. As a result, the penalties become more severe. While there’s still some potential for leniency where addiction issues may be at play, the punishment is going to escalate.
This means a longer probation period, higher fines, more intensive alcohol treatment, and a mandatory five days in jail. You can also expect a driver’s license suspension, and—if the judge is willing to grant specialized driving privileges—an ignition interlock requirement.
The Third DUI: Now You’re Really in Trouble
If you’re facing a third DUI charge, the judge is not going to have a lot of patience with you. The State has an explicit commitment to promoting public safety, so Indiana tries to deter dangerous driving by making an example out of problem drivers.
Even if you’re quick to hire an experienced Indiana DUI lawyer, you can expect the following penalties:
- Felony charges: If the third DUI occurs within seven years of the second, it is elevated to a Level 6 felony. This carries a maximum penalty of two and a half years in prison and a $10,000 fine.
- Sentencing enhancements: The habitual vehicular substance offender sentencing enhancement can add up to eight years to your criminal sentence. So the two and a half years in prison you’re facing with a Level 6 felony becomes ten and a half years when the HVSO is applied. It is scary.
- Mandatory jail time: For a third DUI offense, Indiana law requires a minimum of 10 days in jail. Many judges, however, will try to emphasize the gravity of the offense by imposing a longer sentence.
Finding Your Way in a Maze of Legal Obligations
Given the seriousness of the consequences, a person facing their third DUI needs to take immediate and strategic action. Here are some tips:
- Hire an experienced Indiana DUI lawyer: The complexity and severity of a third DUI case make legal representation even more important. An attorney who knows their way around a DUI case can help you spot potential pitfalls, negotiate with the prosecutor, and develop a robust defensive strategy.
- Enroll in a county-approved drug and alcohol program: Demonstrating a commitment to addressing underlying issues can show the judge that you’re taking this seriously. Early enrollment in such programs shows proactivity and a willingness to reform.
- Engage with the prosecutor: This is more of a task for your attorney, but prompt communication with the prosecutor can sometimes prevent the immediate filing of the HVSO sentencing enhancement. Proactive engagement can occasionally prevent some of the harsher penalties from coming into play.
- Prepare for the worst: It’s important to understand the situation you’re in. Even an experienced Indiana DUI lawyer can’t make multiple convictions disappear. You need to prepare mentally and logistically for the potential outcomes, including extended jail time.
Make The Right Call
A third DUI offense in Indiana is a serious matter that requires immediate and decisive action. The legal penalties are going to be severe, but with the right approach and legal representation, it is possible to mitigate the damage.
The attorneys at the Marc Lopez Law Firm understand how high the stakes are for their clients. If you or a loved one are facing DUI charges, don’t wait. Give us a call at 463-307-0761 and remember—always plead the 5th!
