Understanding the Criminal Justice System
If you have recently been arrested for operating a vehicle while intoxicated in Indiana, and you’ve previously been convicted or pled guilty to an OWI charge (commonly known as “DUI”), you may be in for a very unpleasant surprise. Indiana’s Habitual Vehicular Substance Offender law could have you spending a year or more in prison on top of whatever sentence you receive if you’re convicted of your present charge.
Indiana’s Enhanced Penalties for Repeat OWI Convictions
Indiana law allows prosecutors to add a “habitual vehicle substance offender” charge when a defendant charged with “any vehicle substance offense” has been convicted of an OWI two or three times in the past. If convicted of both the OWI and the habitual offender charges, you are facing an additional prison term of one to eight years on top of whatever your sentence is for the OWI conviction.
Conditions of the Habitual Vehicle Substance Offender Law
Not every situation where you have two or three prior OWIs can trigger the habitual offender enhancement.
First, if you have two previous OWI convictions, at least one of them must have occurred within the past 10 years for the habitual offender enhancement to apply. (This is not the case if you have three or more previous OWI convictions.)
Second, whether you’re accused of two or three previous OWI convictions, each of those convictions must have happened after you had been charged with, convicted, and sentenced for the earlier OWI. In
other words, if you were charged with one OWI and that case was still pending when you were charged with a second OWI, the second OWI won’t “count” when the court considers whether you can be convicted as a habitual vehicle substance offender – even if you were convicted of both.
How Razumich & Associates Can Help You Fight a Habitual Offender Charge
One of the most important aspects of Indiana’s habitual vehicle substance offender law is that it is discretionary. Prosecutors are not required to charge OWI defendants as habitual offenders in every case in which they might be able to do so. While public sentiment is, of course, strongly against OWI defendants, there may be circumstances that argue against a prosecutor charging you as a habitual offender. This is where working with an experienced defense attorney can help.
At Razumich & Associates, we have defended thousands of clients all across Indiana in a wide range of criminal cases, including OWI/DUI cases. We know the laws, the procedures, the courts, and the prosecutors. Our experienced criminal defense attorneys will protect your rights and will negotiate on your behalf for the most favorable resolution possible. We’re also no stranger to the courtroom, and if your case doesn’t settle, we are ready to stand before the judge and vigorously defend you against the power of the state.
If you’ve been charged with an OWI/DUI, call Razumich & Associates today at 317-449-8661 or use our contact form to schedule a confidential consultation with one of our experienced defense attorneys to learn more about how we can help.
