FAQs About Second OWI Charges in Indiana

Being charged with one OWI is stressful and will raise many questions. It is natural to feel unsure about what to do, the penalties you may face, and what your future holds. If you are facing OWI charges for a second time, though, the stakes are much higher. If you have been charged with a second OWI offense, you need answers. Below, our Indianapolis DUI and OWI lawyers answer some of the questions we most frequently hear.

Is an OWI the same as a DUI in Indiana?

In everyday conversation, yes, the two acronyms refer to the same type of crime – operating a vehicle while under the influence of a substance. For legal purposes, Indiana uses the term ‘operating while intoxicated.’ The term in the state refers to operating a vehicle with a blood alcohol concentration of 0.08 percent or higher, as well as driving under the influence of illegal or legal drugs.

Will a Second OWI Automatically Result in Jail? 

A conviction for a second OWI may not necessarily result in jail time, but it is more likely. After one previous conviction, there is a minimum mandatory sentence of at least five days in jail or a minimum of 240 hours of community restitution or service. When a person has two or more previous convictions, the minimum jail time increases to ten days or at least 480 hours of community service or restitution.

This does not mean that a second OWI will automatically result in jail time. Whether you can avoid it depends on the facts of your case, the court, the prosecution, and the outcome of the plea deal or sentencing.

What if My First OWI was More Than 20 Years Ago?

You may face lesser sentences if your first OWI was a long time ago, but the fact that you have one previous conviction still matters. Under the seven-year-rule in Indiana, a decades-old conviction for an OWI may not make your new case rise to a Level 6 felony, but it will still trigger the mandatory jail time or community service.

Is a Second OWI a Felony in Indiana?

Not always. If your first OWI conviction was less than seven years ago, yes, it will be classified as a felony offense. Other factors can also result in felony charges such as a previous injury or death related to your first OWI conviction or having a minor passenger in the vehicle.

Our DUI and OWI Lawyers in Indianapolis Can Answer Your Questions

Being charged with an OWI when your record already contains a conviction is a very serious matter and it is natural to have many questions. At Rigney Law, LLC, our Indianapolis DUI and OWI lawyers can answer them so you can make informed decisions about how to move forward. We will build a strong defense that helps you avoid the harshest penalties, so your future is protected. Call us today at 317-623-0989 or fill out our online form to schedule a free consultation and to learn more about how we can help with your case.

Source:

iga.in.gov/laws/2025/ic/titles/9#9-30-5-1