FAQ: Second DUI / OVWI in Indiana
Is DUI the same as OVWI in Indiana?
In everyday language, yes. People often say DUI, OWI, drunk driving, or OVWI. In Indiana criminal court, the formal charge is usually operating a vehicle while intoxicated, or OVWI.
Does a second DUI automatically mean jail?
Not always, but Indiana law requires at least five days in jail or 240 hours of community service for a person with one prior OVWI conviction. The outcome depends on the facts, the prosecutor, the judge, and the defense strategy. (Justia Law)
When is a second DUI a felony in Indiana?
A second DUI / OVWI can be charged as a Level 6 felony if the prior OVWI conviction occurred within seven years of the new alleged offense. (Justia Law)
Can I get specialized driving privileges after a second DUI?
Possibly. Many people facing license suspensions may be eligible for specialized driving privileges, but refusal suspensions are treated differently. A refusal-based suspension can limit your options, though an ignition interlock order may be possible in some cases. (Justia Law)
Should I talk to the police after a DUI arrest?
You should be polite, but you should not try to explain your way out of the situation. Statements can be used against you. Ask for an attorney and use your right to remain silent.
Make the Right Call
A second DUI in Indiana is serious. It can mean jail, a felony charge, a license suspension, tougher probation terms, and lasting consequences that follow you long after the case ends.
But serious does not mean hopeless.
The State still has to prove its case. The traffic stop can be challenged. The tests can be challenged. The video can be reviewed. The prior conviction can be examined. The license consequences can be addressed.
Do not walk into court alone and hope for the best. Call the Marc Lopez Law Firm at 317-632-3642 to schedule a consultation with a criminal defense attorney who knows how to fight Indiana DUI / OVWI cases.
