Indiana increases penalties each time you receive another OWI or DUI. If police arrest you for a second or third time, you face much harsher consequences.
When a second offense becomes a felony
Indiana uses a five to 10 year lookback period. If police arrest you within seven years of a prior conviction, prosecutors can charge you with a Level 6 felony under Indiana Code § 9-30-5-3.
A Level 6 felony can lead to six months to 2.5 years in prison. Courts can fine you up to $10,000. Judges can suspend your license for at least one year.
Judges often order probation, alcohol education and an ignition interlock device. A felony conviction can limit your job options, housing choices and professional licenses. Even a second offense can follow you for years.
Penalties for third and later OWIs
If you receive a third conviction within 10 years, prosecutors usually file a Level 6 felony charge. The state can also seek a habitual vehicular substance offender enhancement. That enhancement can add years to your sentence. Common penalties for multiple offenses include:
- Prison time: 10 day minimum with a possible sentence of up to 2.5 years.
- Habitual enhancement: Up to eight additional years if the state files the enhancement.
- License suspension: At least one year and up to 10 years for habitual traffic violator status.
- Fines: Up to $10,000.
- Ignition interlock: Court ordered device required for driving privileges.
Judges also order substance abuse assessments and victim impact panels in many cases. If your BAC measures .15% or higher, prosecutors can argue that you committed an aggravated offense.
If you refuse a chemical test, the Bureau of Motor Vehicles can suspend your license for two more years. That suspension can apply even if the court reduces the criminal charge.
Why speaking with a defense attorney is recommended
Indiana law sets mandatory minimum sentences for repeat OWI offenses. Prosecutors examine your record, your BAC level and the timing of prior convictions when they decide how to charge you.
A defense attorney can review the traffic stop, the arrest and the chemical testing process. The attorney can also challenge improper enhancements and identify possible defenses under the law.