Indiana OWI penalties for repeat offenders are some of the harshest in the Midwest. With each conviction, the consequences grow more serious. You may face a longer license suspension.
Jail time often becomes mandatory. A lasting criminal record can also follow you. If you have been charged with operating a vehicle while intoxicated (OWI) more than once, it is important to understand how these penalties stack up and what factors can influence the outcome of your case.
How Indiana Law Penalizes Second and Third OWI Convictions
Once you already have an OWI on your record, the consequences of a second or third conviction become significantly more serious. Indiana law treats repeat offenses as a threat to public safety, which means harsher penalties and fewer second chances.
Whether the prior offense happened recently or several years ago, the penalties can still follow you, especially if someone was hurt or refused a chemical test during the arrest.
Mandatory Fines, Jail Time, and License Suspension
Under Indiana Code § 9-30-5-3, a second OWI within seven years of a prior conviction triggers mandatory penalties. These may include a minimum of five days in jail and thousands of dollars in fines. License suspension is also likely.
Judges have discretion to impose additional penalties such as community service or court-ordered substance abuse treatment, depending on the circumstances.
Felony Enhancements for Repeat OWI Offenders
If you are convicted of a third OWI, or if someone was injured during the incident, the charge may be elevated to a felony. This enhancement brings more than just longer jail time. It can affect your employment.
It can also limit housing options and make it harder to restore driving privileges later. Indiana prosecutors often pursue felony charges when they believe the driver poses an ongoing risk to others on the road.
Penalties and Restrictions That May Come With a Repeat OWI
If you are facing a second or third OWI in Indiana, the court can impose a wide range of penalties that go beyond jail time. These restrictions are meant to reduce future offenses and hold repeat offenders accountable. A solid criminal defense plan should address both the charge and the consequences that come with it. Common court-ordered penalties and restrictions include:
- Ignition interlock device installation
- Vehicle forfeiture or immobilization
- Mandatory alcohol or substance abuse treatment
- Community service hours
- State-approved driving education programs
- Limited or restricted driving privileges
- Formal probation with strict compliance terms
- Electronic monitoring or home detention
- Regular drug and alcohol screening
- Parole conditions if jail time is involved
What Else Can Increase the Severity of OWI Penalties?
Repeat OWI charges are serious on their own. Some circumstances can make the penalties even tougher. Prior felony convictions may lead to more severe sentencing. A very high blood alcohol concentration (BAC) or refusing a chemical test can also make your situation worse. Courts look closely at these details when deciding how to handle your case and what consequences to apply.
Prior Felony or DUI-Related Convictions on Record
Drivers with certain convictions on their record face longer sentences and fewer options in court. Under Indiana Code § 9-30-10-4, anyone previously convicted of driving while suspended due to an OWI or felony may be classified as a habitual offender and can be charged more aggressively. Even if the current offense is a misdemeanor, prior DUI-related convictions can push the case into harsher territory.
Blood Alcohol Concentration (BAC) and Refusal to Submit to Testing
A high BAC reading, especially anything over 0.15%, can lead to enhanced penalties, including longer license suspensions and mandatory jail time. Refusing to take a chemical test may also trigger automatic penalties, including administrative license suspension. These decisions made during the stop often have major consequences later in court.