A second or third operating while intoxicated (OWI) charge can change your legal situation quickly. If you already have an OWI conviction, Indiana law may increase the seriousness of a new charge and expose you to stronger penalties.
Your prior record can affect more than the amount of a fine. A repeat offense may also lead to longer license suspensions, potential jail or prison time and additional requirements. The timing and circumstances of your earlier conviction can play an important role.
How does a prior OWI affect a new charge?
Indiana law may treat a new OWI as a Level 6 felony when you have a prior OWI conviction within the seven years before the new offense. The state also provides for a Level 5 felony in some cases involving a prior OWI that caused serious bodily injury, death or catastrophic injury.
That difference can have a significant effect on the potential sentence. A Level 6 felony carries a sentencing range of six months to two and a half years, with an advisory sentence of one year.
The date of your prior conviction may therefore matter when the state evaluates a new OWI charge.
What penalties could increase after another OWI?
Repeat offenses may expose you to several consequences. Indiana information on impaired driving lists penalties that can include:
- Paying fines that may reach $10,000
- Serving longer license suspensions
- Serving potential jail or prison time
- Completing community service or other probation conditions
The potential consequences can become more serious with additional convictions. Upon conviction, Indiana law indicates that a second offense may bring a mandatory court-ordered license suspension of at least one year, which can extend up to the maximum prison term for the offense. A third offense may result in a suspension of at least one year and potentially up to 10 years.
Why does the timing of your prior conviction matter?
Not every prior OWI affects a new charge in the same way. Indiana law specifically considers whether a previous OWI conviction occurred within seven years of the new offense. The type of earlier conviction can also affect how the state treats the new charge.
Your driving record can create additional consequences as well. For example, Indiana’s habitual traffic violator rules may apply when you accumulate certain serious offenses within 10 years.
A repeat OWI can change the stakes
A prior OWI conviction may make a new charge more serious, but the exact consequences can depend on your record, the timing of earlier convictions and the facts surrounding the new allegation. Indiana law provides several possible penalties, so each case can present different concerns and different OWI defense strategies.