Second Offense OWI in Indiana

In Indiana, a second offense for Operating While Intoxicated (OWI) occurs when a person drives with a blood alcohol concentration (BAC) of 0.08% or more or is under the influence of a controlled substance and has a prior OWI conviction within the past seven years. A second OWI offense carries more severe consequences than a first because it is classified as a felony, which comes with stricter penalties. In contrast, a first-time OWI in Indiana is typically considered a misdemeanor. The state is more stringent with second OWI offenders because of its firm stance on protecting public safety and deterring repeat offenses.

Is a 2nd OWI a Felony in Indiana?

Yes, a 2nd OWI is a felony in Indiana. According to IC 9-30-5-3, a person guilty of a second OWI offense has committed a Level 6 felony. The penalty for such offense is imprisonment ranging from 6 months to 2 ½ years with an advisory sentence of one year and a maximum fine of $10,000. However, the offender will be charged as a level 5 felony if they have a previous conviction of OWI causing death, catastrophic injury, or serious bodily injury. The penalty is imprisonment for about one to six years, with an advisory sentence of three years and a maximum fine of $10,000.

What is the Lookback Period for a Second OWI in Indiana?

In Indiana, the lookback period for a second OWI is seven (7) years. According to Indiana Code § 9-30-5-3(a)(1), a person commits a Level 6 felony if they are convicted of OWI and have a previous OWI conviction within the seven years immediately preceding the new offense. This means if a person's second OWI occurs within 7 years of the first, the penalties are more severe and include felony-level consequences such as a longer prison sentence and higher fines. Even if the prior offense occurred more than 7 years ago, it may still influence sentencing, but will not automatically result in felony charges.

What are Aggravating Factors in a Second OWI?

The common aggravating factors that may increase the penalties of a second OWI in Indiana include:

• Chemical test refusal
• Driving on a suspended license
• Refusal to install an ignition interlock device (IID)
• Driving with a blood alcohol content (BAC) level of 0.15 or higher
• A previous OWI conviction causing death, catastrophic injury, or serious bodily injury

What Happens If You Get a 2nd OWI in Indiana

The penalty for a 2nd OUI conviction in Indiana depends on the time of the first conviction and the nature of the first offense. According to IC 9-30-5-3, a 2nd OWI conviction that occurred within seven years of the first is a Level 6 felony. This offense carries a prison term of about 6 months to 2 ½ years with an advisory sentence of one year. It also has a maximum fine of $10,000 (IC 35-50-2-7). However, a court can consider a 2nd OWI conviction a Level 5 felony if the previous OWI conviction resulted in death, catastrophic injury, or serious bodily injury. The penalty for such a Level 5 felony is a prison sentence ranging from one to six years, with an advisory sentence of three years. A maximum fine of $10,000 can also be added to the prison term. Additionally, a 2nd OWI offense in Indiana attracts a driver's license suspension for at least 180 days and up to two years and installation of an ignition interlock device (IID) on all the offender's vehicles. The court may place the offender under probation and ask the offender to attend a substance abuse education course or participate in a victim impact panel during that period.

How Long Does a Second OWI Stay On Your Record in Indiana?

A second OWI offense in Indiana remains on a person's criminal record forever. However, offenders may be able to expunge their records since it is a level 6 felony. Any second OWI offense that results in death, catastrophic injury, or serious bodily injury is not eligible for expungement in Indiana. During background checks, such records will be available to employers, landlords, or insurance companies.

How Much Does a Second OWI Cost in Indiana

The maximum fine for a second OWI offense in Indiana is $10,000. The offender must also pay a $300 court fee, license reinstatement and fees, a $55 fee for the BMV-approved Driver Safety Program (DSP), and other administrative fees.

Chances of Going to Jail for a Second OWI in Indiana

Anyone guilty of a second OWI offense in Indiana within seven years of a first offense will be sent to jail for 6 months to 2 ½ years, with an advisory sentence of one year. However, the length of incarceration will increase if the prior OWI convictions resulted in death, catastrophic injury, or serious bodily injury. The offender will be jailed for one to six years, with an advisory sentence of three years.

Driver's License Suspension for a Second OWI in Indiana

The Indiana Bureau of Motor Vehicles (BMV) will suspend a person's driver's license for about 180 days to two years after a second OWI conviction. However, according to Indiana Code 9-30-16, the person may be eligible for specialized driving privileges. These privileges will only allow them to drive for specific purposes. The court may require the offender to install an ignition interlock device (IID) on all their vehicles as a condition of specialized driving privileges.

Ignition Interlock Device Requirement

According to IC 9-30-8-1, a court can order a second OWI offender to install a certified ignition interlock device (IID) on their motor vehicle when their license is restricted. The offender will not be able to operate the vehicle if the IID detects an alcohol concentration of 0.02% or higher. The court will set the time the IID will remain installed, but the period will not exceed 2 ½ years for a second OWI offense. The offender will pay the cost of installing the IID unless the sentencing court determines that the person is indigent.

OWI School and Substance Abuse Treatment

An Indiana Court may require a second OWI offender to complete a BMV-approved Driver Safety Program (DSP) within 12 months. The DSP course may be used as an alternative to suspending driving privileges. All BMV-approved DSP courses attract a maximum fee of $55, which the offender must pay.

Probation Conditions

A second OWI offender in Indiana may be placed on probation and required to attend a substance abuse education course during that period. Probation is usually for 180 days after the license suspension period. The offender may also be required to participate in a victim impact panel during probation.

Community Service Requirements

An Indiana court can order a second OWI offender to complete 240 hours of community service as part of their probation. Failure to complete this requirement results in additional consequences.

Impact on Auto Insurance

A second OWI offense in Indiana can lead to significantly higher auto insurance rates and potentially even cancellation or non-renewal of the offender's policy. Many car insurers view second OWI offenders as high-risk clients, which can result in increased premiums or denial of coverage. On average, offenders should expect their annual car insurance costs to rise by 35% to 50%, translating to roughly $400 more per year. A second OWI offender can avoid or delay a court-ordered suspension by obtaining SR22 coverage.

Which Courts Handle OWI Cases in Indiana?

Second OWI offenses in Indiana are heard at the trial courts, which include the circuit courts, superior courts, and local city or town courts. The following is the contact information for five key courts in central Indiana counties that handle OWI cases:

Marion County Superior Court
675 Justice Way
Indianapolis, IN 46203

Lake County Superior Court
2293 N. Main Street
Crown Point, IN 46307

Allen County Superior Court
715 S. Calhoun Street,
Fort Wayne, IN 46802

Hamilton County Superior Court
1 Hamilton County Square
Suite 313
Noblesville, IN 46060

St. Joseph County Superior Court
Felony Division
129 S. Main Street
South Bend, IN 46601

The Indiana Bureau of Motor Vehicles (BMV) processes driver's licenses and registrations. It offers programs and services for various items, including driver's education, driver's ability, suspension, and reinstatement. Individuals can contact the Office of Administrative Law Proceedings for license hearings or appeals. The address is below:

Office of Administrative Law Proceedings
100 N. Senate Avenue Suite N802
Indianapolis, IN 46204

Can You Get an OWI on a Horse in Indiana?

No, a person can only commit an OWI offense while driving a motor vehicle as defined in IC 9-13-2-105. While it is possible to be arrested for riding a horse while intoxicated on a public road, it would not be an OWI. It would likely be a charge related to public intoxication or reckless behavior.