Indianapolis OWI Second Offense Lawyer
Many drivers are charged with OWI offenses. Ideally, a driver would learn their lesson and not engage in any more intoxicated driving. However, second offenses do happen from time to time in Indiana.
For a second OWI offense, the penalties are much harsher. Unlike most other crimes, it doesn’t matter whether or not there was criminal intent involved. Prosecutors are more lenient with a first-time OWI offense. Once you have subsequent offenses, the odds are against you.
Get the legal help you need with help from the team at Rigney Law LLC. Our Indianapolis OWI second offense lawyer will work hard to reduce your charges and penalties.
What Are the Penalties?
At the very minimum, a second OWI conviction will result in either five days in jail or 240 hours of community service. These are your penalties regardless of when the first OWI offense occurred. It could have been decades ago in a different state.
Keep in mind that you were likely offered some degree of leniency with your first OWI offense, so your penalties may have been minimal. That likely won’t happen the second time around. Jail time could extend to weeks or months. Your minimum community service time may be doubled. You will likely be given a limited time — possibly one year — to complete the community service and the penalty may be more time than the jail sentence. You may want to avoid jail at all costs, but is it worth it to perform community service instead? Do the math.
In any case, your driving privileges will be affected with a second OWI conviction. For the second OWI, you will have your driver’s license suspended for at least one year — and that’s if your second offense is charged as a misdemeanor. The penalties will be stricter if you’re charged with a felony.
Possible Felony Charges
A second OWI offense can be elevated to a Level 6 felony if the previous conviction occurred within the past five years or all three of the following apply:
- The defendant is at least 21 years old.
- The defendant had a BAC of 0.15 or more or drove a vehicle in a reckless manner; and
- The defendant had a passenger under the age of 18 years.
The penalties for a Level 6 felony include up to 2.5 years in jail and a fine of up to $10,000.
If the first OWI conviction caused serious injury or death, then the second offense will be a Level 5 felony, which is punishable by up to six years in jail as well as a $10,00 fine.
Contact Rigney Law LLC Today
A first-time OWI charge is typically a misdemeanor, but a second offense can easily become a felony. A felony can affect you for the rest of your life, so protect your legal rights.
The team at Rigney Law LLC will work hard to protect your future. Contact our knowledgeable Indianapolis OWI second offense lawyer today to schedule a consultation. To get started, call (317) 623-0989 or fill out the online form.
