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How Indiana Treats Second-Time OWI Offenses
Receiving a second OWI (Operating While Intoxicated) charge in Indiana carries much more serious consequences than a first offense. The penalties increase significantly, both on the criminal side and the administrative side, and the chances of facing mandatory jail time and longer license suspensions are higher. Indiana law is designed to discourage repeat offenses by applying stricter rules and longer-lasting impacts for drivers who have already been convicted once.
This guide outlines what typically happens when someone is charged with a second OWI in Indiana. It breaks down the criminal penalties, the administrative consequences from the Bureau of Motor Vehicles (BMV), and other long-term effects. While individual cases may vary, this overview offers a clear understanding of what a second offense generally looks like.
This post is purely informational and does not offer legal advice. Its purpose is to explain the general scope of penalties and processes that apply to second-time OWI cases in Indiana.
Criminal Classification of a Second OWI
In Indiana, a second OWI is generally charged more severely than a first offense—especially if it occurs within seven years of the prior conviction. The timeline plays a key role in how the case is classified.
- Within 7 years: The offense may be elevated to a Level 6 felony if the driver has a previous OWI conviction on record.
- Outside of 7 years: It is still typically treated as a Class A misdemeanor, but with enhanced penalties compared to a first offense.
A Level 6 felony is more serious than a misdemeanor and can carry longer jail time, higher fines, and lasting criminal consequences. Even if the charge remains a misdemeanor, the penalties imposed by the court and the administrative authorities will still be stricter than for a first offense.
Other factors—such as a high BAC, injury caused, or refusing a chemical test—can also influence whether the offense is filed as a felony and whether additional penalties apply.
Criminal Penalties for a Second OWI Conviction
When convicted of a second OWI in Indiana, the criminal court may impose the following penalties:
- Jail time: A second offense carries a minimum of five days in jail, with the possibility of up to 2.5 years if charged as a felony.
- Fines: Courts may impose fines up to $10,000, depending on how the case is classified.
- Probation: Supervised probation may be part of the sentence and often includes mandatory alcohol education or treatment.
- Community service: May be required in addition to or in place of jail time for certain offenders.
- Ignition interlock device: Often required as a condition of probation or reinstating driving privileges.
In felony cases, the penalties may include a formal prison sentence, restricted employment opportunities, and limited civil rights. Even in misdemeanor cases, courts tend to be much less lenient with second-time offenders, often requiring jail time even if probation is also ordered.
Administrative Penalties from the Indiana BMV
Apart from criminal court actions, the Indiana BMV enforces administrative penalties that are triggered by chemical test results or test refusals. These are separate from any court conviction and begin as soon as the BMV receives the report from law enforcement.
- Failed chemical test (BAC 0.08% or more): Results in a 180-day administrative license suspension.
- Refused chemical test: Triggers a 2-year suspension for drivers with a prior OWI or refusal on record.
These penalties are enforced even if the court case is ongoing or eventually dismissed. They are based on Indiana’s implied consent law, which assumes that all drivers agree to chemical testing when operating a motor vehicle.
The BMV also keeps a record of prior suspensions, so drivers with a second offense on record may face extended suspension periods or restrictions when applying for reinstatement.
License Suspension and Reinstatement for Second Offense
In addition to administrative actions by the BMV, the criminal court will impose its own license suspension if a conviction occurs. This court-ordered suspension may last from 180 days to 2 years, and it is separate from the administrative penalty—though the judge may allow time served under BMV suspension to count toward the court sentence.
After the suspension period, drivers must complete several steps before their license is reinstated:
- Pay a reinstatement fee
- File an SR-22 form to prove financial responsibility
- Complete court-ordered education or treatment
- Possibly install an ignition interlock device
Failure to meet any of these requirements can delay reinstatement or lead to further penalties. In some cases, the court or BMV may impose a probationary license period before restoring full driving privileges.
Specialized Driving Privileges for Second-Time Offenders
Indiana allows drivers with suspended licenses to apply for Specialized Driving Privileges (SDP)—a form of limited driving rights granted by the court. These privileges can be useful for individuals who need to drive for essential activities like work, school, or medical care.
For second-time OWI offenders, SDP may still be available, but eligibility is more limited and judges may place stricter conditions, such as:
- Limited driving hours or routes
- Mandatory ignition interlock device
- Ongoing compliance with treatment programs
- Regular check-ins or documentation requirements
SDP is not guaranteed, and courts evaluate each petition individually. Drivers with a second offense must demonstrate the need for restricted driving and their willingness to follow the rules.
Violating the terms of SDP can result in the immediate revocation of privileges and further legal consequences.
Long-Term Consequences of a Second OWI
A second OWI in Indiana doesn’t just lead to short-term penalties—it can also have long-term effects on many areas of life. Some of these impacts include:
- Criminal record: A second conviction stays on your record and can affect employment, housing, and travel.
- Auto insurance: Rates may increase dramatically, and SR-22 insurance may be required for several years.
- Employment: Some employers may not hire individuals with repeat OWI offenses, especially in roles involving driving.
- Loss of professional licenses: Certain occupations may suspend or revoke certifications following a felony OWI.
These consequences may last well beyond the suspension period and court sentencing, making it important to understand the full scope of impact a second offense can bring.
Frequently Asked Questions About Second OWI Offenses in Indiana
Is a second OWI always a felony in Indiana?
Not always. It can be charged as a Class A misdemeanor, but if it occurs within seven years of a prior conviction, it may be elevated to a Level 6 felony.
Will I automatically go to jail for a second OWI?
There is a minimum of five days in jail required by law, but total jail time can vary. Courts may impose longer sentences based on the details.
What’s the license suspension period for a second OWI?
Suspension can range from 180 days to 2 years, depending on whether it’s a misdemeanor or felony and whether there was a refusal or test failure.
Can I apply for Specialized Driving Privileges?
Yes, but the court may apply stricter rules or deny the request based on the circumstances of the case.
Is SR-22 insurance required after a second OWI?
Yes. Proof of financial responsibility is required for reinstatement and must be maintained for a period of time.
Do administrative and court suspensions overlap?
They can. Sometimes the court credits time already served under the administrative suspension, but not always.
Will a second OWI affect my job?
It might, especially if your job involves driving or requires a clean background check.
Can a second OWI be expunged?
Indiana has limited expungement options. A second OWI may not be eligible, especially if it’s classified as a felony.
Conclusion
A second OWI in Indiana brings harsher penalties than a first offense, including mandatory jail time, longer license suspensions, higher fines, and lasting legal consequences. Indiana law takes repeat offenses seriously, and both the criminal justice system and the BMV impose separate penalties that can have long-term effects.
Understanding the combined impact of criminal and administrative penalties is essential for anyone facing a second OWI charge. From longer suspensions to stricter monitoring, the consequences increase significantly with each offense.
To explore more about Indiana’s OWI penalty structure, visit DUI Penalties And Consequences.
For a detailed comparison of criminal vs administrative penalties, see Criminal vs Administrative DUI Penalties Explained.