What Are the Penalties for a Second or Third DUI?

Indiana law enforcement officers and courts take drinking and driving seriously. Indiana law provides increasingly harsh penalties for each DUI conviction. If you have been accused of a second or third DUI, significant jail time is a real possibility. You need an experienced DUI defense lawyer in Indianapolis who can help defend you from the charges you’re facing. 

Penalties for Second DUIs 

The potential penalties that you may face if you are convicted of a second OWI depend on when the first conviction occurred and the nature of that offense. For example, if your first conviction occurred within seven years, the second is considered a Level 6 felony. This offense carries a possible penalty of six months to two and a half years’ incarceration and a fine of up to $10,000. 

If your previous conviction involved driving while intoxicated and causing death, catastrophic injury, or serious bodily injury, you can be charged with a Level 5 felony, which has a prison sentence of one to six years and a fine of up to $10,000. 

In some circumstances, a judge can treat a second DUI offense as a Class A misdemeanor, which carries a maximum sentence of up to one year in jail and a fine of up to $5,000. 

Regardless of when the first DUI conviction occurred, you will be given a mandatory of five actual days in jail or 240 hours of community service. Additionally, your driver’s license will be suspended for one year if you are charged with a misdemeanor offense, or two years if you are charged with a felony offense. 

You could also be required to install an ignition interlock device in your car if you receive specialized driving privileges during your suspension period and attend a drunk driving impact program. 

Penalties for Third DUIs

Third DUIs in Indiana are generally considered Level 6 felony offenses, which carry a penalty of up to 2.5 years in jail and a fine of up to $10,000. If someone was injured or killed in the accident, you can be charged with a Level 4 felony, which carries a punishment of between two and 12 years in prison and a fine of up to $10,000. Additionally penalties include the following:

• A minimum of ten days in jail
• Mandatory community service
• Potential charges and identification as a habitual traffic violator
• Loss of driving privileges for at least five years
• Drug and alcohol assessment and treatment 

What Counts as a Prior Conviction? 

Indiana looks back seven years when determining whether there are any previous convictions. Indiana courts consider out-of-state offenses to be prior offenses. If a person is facing a third DUI in Indiana, the prosecution can seek to identify you as a habitual vehicular substance offender, which carries an enhanced sentence. There is no lookback period for this status.

Contact Us If You’re Facing a Subsequent DUI Charge

If you’ve been convicted of DUI before, you need the certified criminal trial specialists at The Criminal Defense Team of Baldwin Perry & Wiley PC. Contact us today at (317) 743-3295 to schedule a free and confidential consultation.