If you have a prior OWI and are arrested again, one of the first questions is:

“Is this automatically a felony?”

Not always.

But in Indiana, the timing of your prior conviction matters a lot.

When Does a Second OWI Become a Felony?

Indiana law generally makes a new OWI a Level 6 felony when you have a previous OWI conviction that occurred within the seven years immediately before the new offense.

That seven-year window is extremely important.

If your prior OWI falls inside it, the new case may be charged much more seriously than a typical first-offense OWI.

Is Every Second OWI a Felony?

No.

A second OWI is not automatically a felony just because you have had an OWI at some point in your life.

The date of the prior conviction matters.

So do the facts of the new case.

That is why one of the first things that should be checked is the exact date and nature of the previous OWI conviction.

What Does a Level 6 Felony Mean?

A Level 6 felony is more serious than a misdemeanor.

Indiana's sentencing range for a Level 6 felony is six months to two and one-half years, with an advisory sentence of one year, and a possible fine of up to $10,000.

That does not mean someone automatically receives that sentence.

The actual outcome depends on the facts of the case, criminal history, evidence, plea negotiations, and sentencing considerations.

What Happens to Your Driver’s License?

A repeat OWI can also create more serious license consequences.

Indiana court guidance states that when someone is convicted of an OWI and has a prior OWI conviction, the suspension period must generally be at least one year.

Specialized driving privileges may still be available in some cases.

That is why the license side of the case should be addressed early.

For many people, the ability to keep driving legally is just as important as the criminal charge itself.

Other Facts Can Make the Case More Serious

A prior OWI is not the only thing that matters.

The case can become more serious depending on factors such as:

• A high BAC
• An accident
• Serious bodily injury
• A child passenger
• Prior OWIs involving injury or death
• Other criminal history

Indiana law can increase an OWI to a Level 5 felony when certain prior OWI convictions involving serious bodily injury, catastrophic injury, or death are involved.

The Evidence Still Matters

A prior conviction does not make the evidence in the new case irrelevant.

The same questions still need to be asked:

• Was the traffic stop lawful?
• What does the body camera show?
• How were field sobriety tests performed?
• What did the breath or blood test show?
• Were testing procedures followed?
• What statements were made?
• Does the police report match the video?

A felony-level charge makes reviewing those details even more important.

What About Whitley County?

In our experience, Whitley County takes OWI cases seriously.

If you have a prior OWI, you should not assume the new case will be handled like a first offense.

The date of the prior conviction, the new evidence, your license status, and any aggravating circumstances should all be reviewed early.

Facing a Second OWI in Whitley County?

At Baber & Baber, P.C., we help clients in Whitley County and Northeast Indiana understand repeat OWI charges, prior convictions, license consequences, and the evidence in their case.

We help keep you driving legally while fighting your OWI/DUI.

If you have been arrested for a second OWI, call us at 260.244.4422 (Phones answered 24/7) or send us a message online by clicking here.