Is a Second DUI a Felony in Indiana?
Many people wonder, “is a second DUI a felony in Indiana?” The answer is, yes, under some circumstances, a second DUI may be considered a felony offense in Indiana. As stated in Indiana Code 9-30-5-3 a person may be charged with a Level 6 felony DUI in Indiana if they have been convicted under the Indiana DUI Laws within the past 7 years; their second DUI caused the death of a law enforcement animal; or they’re 21+ and operated the vehicle with a passenger under 18 years of age. On top of that, if the person had previously been convicted of operating a vehicle while intoxicated and that incident resulted in death, catastrophic injury, or serious bodily injury, they may be charged with a Level 5 felony.
In addition, Indiana Code 9-30-5-4 and Indiana Code 9-30-5-5 provide a handful of additional circumstances in which a person may be charged with a more serious felony DUI. For instance, a person can be charged with Level 5 felony DUI in Indiana if their offense resulted in someone else’s serious bodily injury. This charge can even be enhanced to a Level 4 felony if they have previously been convicted of a DUI within the last 5 years.
Potential Penalties for a Second DUI as a Felony in Indiana
When a person is charged with a second DUI as a felony in Indiana they’ll face significant criminal penalties On top of that, the weight of a felony criminal record could haunt them for years to come; impacting their ability to find solid employment, gain the professional licensure they need to pursue their chosen career, secure housing and/or gain access to much needed financial assistance. It may also limit their civil rights, including their ability to possess and carry a firearm.
Sentencing Guidelines for Felony DUIsÂ
- Level 6 Felony Penalties: 6 months – 2.5 years in prison; fines of up to $10,000
- Level 5 Felony Penalties: 1 – 6 years in prison; fines of up to $10,000
- Level 5 Felony Penalties: 2 – 12 years in prison; fines of up to $10,000
Charged with a Second DUI as a Felony in Indiana?
If you have been charged with a second DUI as a felony in Indiana, then you’ll want to hire the best possible Indiana drunk driving defense lawyer possible. The Indiana criminal defense lawyers at Keffer Hirschauer LLP are led by two former deputy prosecutors who understand the drinking and driving laws inside and out; and are well-suited to help you minimize the potential consequences of your DUI arrest in Indiana.
To begin working to secure the best possible outcome in the case against you, contact our firm today at 317-751-7186 or complete our online contact form to schedule a free consultation. With an attorney from our firm by your side, you can rest assured that everything is being done to protect your rights, reputation, and your future.
