What is the Difference Between a First and Second OWI Offense in Indiana?
When you are facing charges for operating a vehicle while intoxicated (OWI) in the Indianapolis area, it is essential to know that you are facing serious charges that require a detailed and strong defense — regardless of whether you are a first-time offender or you are facing charges after a previous OWI conviction. At the same time, it is also essential to understand that convictions for first offenses for OWIs do not result in the same types of penalties as second and subsequent convictions. What are the differences between a first and second OWI offense in Indiana? Our Indianapolis OWI defense attorney can explain in more detail, and our firm is here to speak with you today about defending against first, second, or third or felony OWI charges in the Indianapolis area.
Understanding OWI Charges Under Indiana Law
Any charges for an OWI are brought under IC 9-3-5. Under IC 9-30-5-1, a person can face charges if that individual “operates a vehicle with an alcohol concentration equivalent to at least eight-hundredths (0.08) gram of alcohol but less than fifteen-hundredths (0.15) gram of alcohol” per 100 milliliters of the person’s blood or 210 liters of the person’s breath.
To be clear, at any point in which a person is determined to have a blood alcohol concentration of 0.08 percent or higher, they can face OWI charges. When a person has a BAC of 0.15 percent or higher, they will still face OWI charges, but the degree of the charge will be more severe.
How First and Second OWI Charges Differ from One Another
The above requirements to charge an OWI apply whether you have been charged with or convicted of an OWI previously, or you are facing charges for the first time. The difference between a first offense and second offense is not the elements of the charge but the severity of the offense.
A first offense with a BAC of 0.08 or higher but less than 0.15 is typically charged as a Class C misdemeanor that can result in up to 60 days in jail and fine of up to $500. A first offense with a BAC of 0.15 or higher is typically charged as a Class A misdemeanor that can result in a punishment of up to one year in jail and a fine of up to $5,000.
A second offense can be charged as a Level 6 felony if it occurs within 7 years of a previous first-offense conviction. A person convicted of a Level 6 felony can face between 6 months and 2.5 years in prison (with an advisory sentence of one year), and a fine of up to $10,000 under IC 35-50-2-7.
Contact Our Indianapolis OWI Defense Lawyers for Assistance with First OWI, Second OWI, and Third and Felony OWI Charges Today
Whether you are facing first, second, or subsequent OWI charges in Indiana, you need to have a lawyer on your side who can present a strong and tailored defense. As we discussed above, while the consequences for a first-offense conviction are not as severe as the consequences of a subsequent conviction, even a first offense can result in a period of incarceration and other serious repercussions. One of the experienced Indianapolis OWI defense attorneys at Rigney Law LLC can discuss the details of your case with you today and begin working with you on a defense strategy. Contact our firm for additional information about the criminal defense services we provide in the Indianapolis area.
Sources:
law.justia.com/codes/indiana/title-9/article-30/chapter-5/
law.justia.com/codes/indiana/title-35/article-50/chapter-2/section-35-50-2-7/