A second DUI/OVWI charge in Indiana carries significantly harsher penalties than a first offense, often surprising those accused. Indiana law automatically elevates a second offense within seven years to a Level 6 felony, which can result in up to 2.5 years in jail, loss of certain rights, and difficulties in employment and housing. Even if the prior conviction was more than seven years ago, mandatory jail time still applies, with at least five days in custody for a second offense and ten days for those with two prior convictions. Additional penalties include fines up to $10,000, prolonged license suspensions, and the requirement to install an Ignition Interlock Device. Prosecutors and judges take repeat offenses seriously, arguing that probation alone is ineffective, and lawmakers have strengthened penalties to deter future violations.
Given these severe consequences, securing an experienced DUI defense attorney is critical. A skilled lawyer can challenge the validity of sobriety tests, breathalyzer results, and potential constitutional violations during the traffic stop. Additionally, they may negotiate plea agreements to reduce felony charges to misdemeanors, minimizing jail time and long-term repercussions. Alternative sentencing options, such as home detention or substance abuse programs, may also be pursued. With the potential for escalating penalties—including a Habitual Traffic Violator designation for a third offense—legal representation can make a crucial difference in protecting one’s future. If you or a loved one faces a second or third DUI/OVWI charge, consulting with a defense attorney as soon as possible can improve the chances of a favorable outcome.