If you are charged with operating while intoxicated (OWI) in Indiana and you already have a prior OWI on your record, the new case will not be treated like a first offense. Indiana law enhances both the charge and the penalties based on the timing and nature of the earlier conviction. Understanding how that prior affects the new case can help you make informed choices about your defense in South Bend and across St. Joseph County.

What Is an OWI Under Indiana Law?

Indiana uses the term OWI for drunk or drug-impaired driving. A person may be convicted by having a blood alcohol concentration of 0.08% or higher, or by driving while actually impaired. A BAC of 0.15% or more can trigger enhanced penalties. Refusing a certified chemical test also brings its own driver’s license consequences, separate from any criminal sentence.

Does a Prior OWI Change the New Charge?

Yes. If your previous OWI conviction occurred within seven years of the new offense, a new violation can be elevated to a Level 6 felony. The charge can also be elevated if you were at least 21 and had a passenger under 18 in the vehicle. If your prior conviction involved OWI causing serious bodily injury or death, the new case can be charged even more seriously as a Level 5 felony.

What Penalties Can a Second OWI Bring?

A Level 6 felony in Indiana carries a sentencing range of six months to two and a half years and up to a $10,000 fine. Courts often order substance-abuse evaluation and treatment, and many require a minimum period of incarceration or allow a set number of community-service hours in lieu of a short jail term. Sentencing will consider your criminal history, the facts of the arrest, and your performance on bond.

How Does License Suspension Work After a Prior?

Driver’s license penalties come from two places: the Bureau of Motor Vehicles and the court. On the criminal side, a prior OWI typically means the court must impose at least a one-year suspension as part of sentencing. Separately, failing a chemical test usually triggers an immediate 180-day administrative suspension, while a refusal can result in up to two years. Some drivers can seek specialized driving privileges, which may require an ignition interlock device and strict compliance with court conditions.

What Should You Do Next?

Act quickly. Deadlines for challenging license suspensions arrive early, and prosecutors may file enhancement papers based on your prior. Gather paperwork from your prior case, including the conviction date and offense level, and bring any medical or prescription information that could bear on the new allegations. Ask your attorney about specialized driving privileges, ignition interlock eligibility, and strategies for addressing enhancements while preserving your defenses on the underlying charge.

South Bend OWI Lawyers at Wilson & Kinsman, LLC Advocate for Those With Prior Convictions Facing OWI Charges

A prior OWI conviction changes almost every aspect of a new case. For legal guidance, contact our South Bend OWI lawyers at Wilson & Kinsman, LLC. Call 574-522-1900, book online now, or submit a form for your free consultation. Located in Elkhart and South Bend, Indiana, we serve clients in Marshall, LaGrange, Kosciusko, LaPorte, Porter, Lake, Noble, Whitley, Elkhart, and St. Joseph.

Share This Story, Choose Your Platform!

Related Posts

What Happens After a First-Time OWI in South Bend?
What Is the Difference Between a DUI, DWI, and OWI in Indiana?
Facing an OWI Charge in South Bend. Here’s What You Need to Know

Give us a call!

574-522-1900
Wilson & Kinsman

Contact our Firm

Consent

Testimonials

Read what our former clients have to say:

Went out of their way to help me with my case

Tom Wilson and his team went out of their way to help me with my case. I had different attorneys throughout the 4.5 years, Tom and the team picked up and finished my case at awesome time. Thank you Tom and your team are very awesome!!!!!

L.S.

A man of utmost integrity

Tom is very kind and personable. He is a great attorney to work for and work with. He is a man of the utmost integrity and is forthright in his practice. I would confidently recommend his legal services to any person I cared about.

Kayla Christofeno

5 stars from start to finish

5 Stars from start to finish – Tom is real and knew exactly what to do to navigate through the obstacles and achieve the best outcome in my case. He got it done, well-done, but more importantly, time and again, Tom and his team demonstrated that they possessed the empathy, foresight, professionalism, and organizational capability to make the difference I needed as they managed my case to a successful conclusion. The team at Wilson Law were attentive and supportive, the terms were fair and affordable, the relationship was forthcoming and they enabled me to confidently understand and manage my own role in my own case.

M.L.

Eternally grateful to Eric Kinsman and his staff

Eric Kinsman is a kind, professional, and compassionate lawyer who saved our lives when we were falsely accused. We were terrified, confused, and stunned by the situation and he gave us guidance and help in the most stressful moment in our lives. He knows how to break down the game plan in easy to understand language so you know what is going to happen and you don’t feel disconnected or unsure of what is happening. He is very talented and knowledgeable and knows how to work with the prosecutor and really help his clients through the whole process. You’re not a number in Eric’s office – you’re a person and his staff treats you that way too. I will be eternally grateful to Eric Kinsman and his staff and their kindness and compassion.

L.M.

Incredibly thankful

I would like to first give thanks to Eric Kinsman for all he has done for me. I got a criminal mischief charge and was facing a year in jail, this is because I have a past that didn’t look good on me. The prosecutor was determined to get me jail time which gave me high stress, it’s been a long 6 months. What Eric did behind the scenes was incredible not only did he keep me informed on everything the whole time dealing with this case, he also managed to talk the prosecutor into giving me good behavior for a year. I didn’t think there was a chance in the world to make this happen but with the great knowledge he carries he seen things most would have not in this case. He was determined to keep me out of jail and off papers. I’m incredibly thankful to have chosen him as my attorney in this case.

N.W.

Honest and professional

I was charged with an OWI in Elkhart County and Eric was my first call. He was very helpful and personable throughout the entire process. I certainly appreciated his honesty and professionalism. Eric is definitely well experienced in handling these matters. Thanks to his help and guidance, we were able to have all of our necessary steps done before going to court that helped to retain driving privileges. The judge even remarked at how well the case had been managed during the hearing. With Eric’s help, I was able to obtain specialized driving privileges very promptly. I am still able to tend to my life’s responsibilities and my work. I would highly recommend Eric to anyone else needing help with OWI/DUI charges.

anonymous

Fought my case relentlessly

This law firm fought my case relentlessly for two years to get the settlement that I was seeking.

C.A.