FAQ: Second OVWI, DUI, and Repeat Drunk Driving Charges in Indiana
Is DUI the same thing as OVWI in Indiana?
In everyday conversation, yes. People say DUI, OWI, drunk driving, and OVWI to describe the same general category of offense. In Indiana, the formal charge is usually operating a vehicle while intoxicated, or OVWI.
Does a second DUI always mean jail?
Indiana law requires minimum consequences for repeat OVWI cases. With one prior conviction, the court must order at least five days of imprisonment or at least 240 hours of community restitution or service. With two or more priors, the minimum is at least 10 days of imprisonment or at least 480 hours of community restitution or service. Whether actual jail can be avoided depends on the facts, the court, the prosecutor, and the plea or sentencing outcome.
What if my first DUI was 20 or 30 years ago?
It can still matter. A very old conviction may not automatically make the new case a Level 6 felony under the seven-year rule, but it can still affect sentencing and negotiation. Do not assume an old DUI has disappeared.
When is a second DUI a felony in Indiana?
A new DUI can be charged as a Level 6 felony if the person has a prior OVWI conviction within the seven years immediately before the new alleged offense. Other facts, such as a minor passenger or prior serious injury / death-related OVWI convictions, can also increase the charge level.
Can I get specialized driving privileges after a second OVWI?
Many people with an DUI-related suspension and a prior conviction may still be eligible for specialized driving privileges, but eligibility depends on the type of suspension, the assigned judge and the facts of the case. Refusal suspensions and commercial driving issues can create separate problems.
Should I hire a criminal defense attorney for a second DUI?
Yes. A second DUI can affect your freedom, license, job, family, insurance, and record. Hiring a criminal lawyer early gives your defense team time to review the evidence, address license issues, prepare mitigation, and negotiate from the strongest position available.