1. Does a second OVWI within seven years become a felony in Indiana?
Yes. A new Indiana OVWI can be filed as a Level 6 felony when you have a prior OVWI conviction within the previous seven years. The age of the prior conviction matters. Even if the earlier case was six-and-a-half years ago, it can still fall inside the seven-year window. That means conduct that might otherwise result in a misdemeanor charge can become a felony because of your criminal history.
2. What are the mandatory penalties for a second OVWI in Indiana?
A second OVWI conviction carries mandatory consequences beyond the sentence imposed in the case. Indiana law requires someone with one prior OVWI conviction to serve at least five days in jail or complete 240 hours of community service. Those 240 hours equal six 40-hour workweeks. For someone with at least two prior OVWI convictions, the requirement increases to at least 10 days in jail or 480 hours of community service.
3. Can a second OVWI cause you to lose your driver’s license?
Yes. A second OVWI can create serious driver’s-license consequences in Indiana. The exact suspension depends on the circumstances and the person’s driving history. Multiple qualifying convictions can create an even larger problem. Someone with enough qualifying judgments may be classified as a habitual traffic violator and face a 10-year suspension. This is why an attorney should review the driver’s complete record instead of looking only at the newest OVWI charge.
4. How can a lawyer defend a second OVWI charge in Indiana?
A second OVWI can still be challenged because the State must prove the new case. A defense lawyer may examine whether the traffic stop was lawful, whether chemical testing was properly performed, and whether other evidence has weaknesses. The defense can also focus on what happens after the arrest. Completing an alcohol evaluation or appropriate treatment early may help demonstrate that the defendant is taking the situation seriously.
5. Can a Level 6 felony OVWI be reduced to a misdemeanor?
Potentially. Indiana law provides mechanisms that may allow certain Level 6 felony cases to receive misdemeanor treatment. This is often referred to as alternate misdemeanor sentencing, or AMS. A reduction is not automatic, and whether it is available depends on the circumstances and applicable legal requirements. For someone facing a felony because of a prior OVWI, exploring whether misdemeanor treatment is available can therefore be an important part of the defense strategy.