What Does A Second OWI Mean For You In Indiana?
Being charged with operating while intoxicated (OWI) can adversely affect a person’s life. Depending on the case’s specifics, a first OWI could be considered a misdemeanor. Being convicted of a OWI misdemeanor in Indiana could result in license suspension, a jail term of up to one year, and a fine of up to $5,000. The consequences for a OWI get even worse if a person has been convicted in the past. If you are facing a second OWI in Indiana, it is crucial that you retain an experienced defense attorney.
What Constitutes an OWI in Indiana?
In Indiana, for a person to be convicted of OWI, the state must prove that the person was operating a vehicle while intoxicated. The legal limit is a blood alcohol content of 0.08%. But you can also be convicted for operating while intoxicated by a controlled substance (Schedule I or II) or its metabolite. Usually, police officers use breathalyzer tests to determine a driver’s BAC during a traffic stop. In Indiana, a driver’s operation of a vehicle constitutes implied consent to submit to a certified chemical test upon a lawful request by a police officer. If you refuse a lawfully requested chemical test in Indiana, your license will be suspended for a minimum of 1 year.
What Are the Penalties for a Second OWI Conviction?
If you are convicted of a second OWI offense in Indiana, you can expect to face harsher consequences than you did after your prior conviction. According to Indiana law, a second OWI offense is considered a Level 6 felony if committed within 7 years of the first conviction.
If you are convicted of a Level 6 felony in Indiana, you could be sentenced to a jail term of between six months and two and a half years and made to pay a fine of up to $10,000. On top of this, your driver’s license will be suspended for a minimum of 1 year.
Other potential consequences of a second OWI conviction in Indiana include the following;
- House arrest
- Being required to install an ignition interlock device on your vehicle
- Undergoing a drug & alcohol treatment program
- Going through a victim impact program
Furthermore, since a second OWI may be a felony in Indiana, you risk facing consequences that go beyond criminal sentencing, such as the ones below;
- Losing the right to vote during the period of incarceration
- Having difficulty obtaining housing
- Having difficulty obtaining professional licensure
- Losing the right to own or possess firearms or ammunition
Aggravating Factors Could Enhance Your OWI Penalties
If aggravating factors are present, the situation could get worse for you. For example, suppose you have a previous conviction that resulted in serious bodily injury. In that case, you will be charged with a Level 5 felony, which means you will face even more significant penalties if convicted.
Often, aggravating factors will still result in a Level 6 felony. But even when an aggravating factor results in a Level 6 felony, the court may impose harsher penalties.
Contact an Indianapolis OWI Lawyer
An OWI charge can have serious consequences, especially if this is your second offense. It is in your best interest to retain a skilled defense attorney. Our qualified Indianapolis DUI & OWI lawyer at Rigney Law LLC can help you fight your charges. Contact us today to schedule a consultation.
Source:
iga.in.gov/legislative/laws/2020/ic/titles/009#9-30-6-1
