FAQ: Second DUI, OWI, and OVWI in Indiana
What is OVWI in Indiana?
OVWI stands for operating a vehicle while intoxicated. It is Indiana’s formal term for what many people call DUI, OWI, or drunk driving.
Is a second DUI always a felony in Indiana?
No. A second DUI / OVWI can be a Level 6 felony if the prior OVWI conviction occurred within the seven years immediately before the new offense. If the prior is older than seven years, the new case may be charged differently.
Do I have to serve jail time for a second OVWI?
Indiana law requires at least five days in jail or at least 240 hours of community service/restitution for a person with one prior OVWI conviction. The exact outcome depends on the facts, the county, negotiations, and the court.
Can I lose my license for refusing a breath or blood test?
Yes. A refusal can trigger a one-year suspension, or a two-year suspension if you have a prior OVWI conviction. Refusal cases can be especially difficult because they affect both your license and your criminal case.
Can a second DUI be beaten?
Yes, depending on the facts. Possible defenses include an unlawful stop, improperly administered field sobriety tests, unreliable breath or blood testing, weak evidence of intoxication, or video that contradicts the officer’s report.
When should I contact a criminal defense attorney?
Immediately. The earlier you involve a criminal defense attorney, the more time your attorney has to examine the evidence, address license issues, and build a defense strategy.
