Repeat & Felony OWI
A second or third OWI raises the stakes.
A prior conviction can turn a misdemeanor into a felony charge. Understand your exposure before court. Free, confidential consultation.
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Why the timing matters
An OWI arrest starts two cases, not one.
On a repeat OWI, both tracks get harder at once. The charge itself can be elevated by a prior conviction, and the suspension attached to it runs longer.
Track one
The charge is elevated
A prior conviction changes the level
An OWI becomes a Level 6 felony where there is a prior OWI conviction in the previous seven years, and a more serious felony where an OWI causes serious bodily injury or death.
Track two — moves faster
The suspension runs longer
Refusal doubles with a prior conviction
Refusing a chemical test carries a one-year suspension, or two years where there is a prior OWI conviction. That runs separately from any suspension a court orders after a conviction.
The exposure
When an Indiana OWI becomes a felony
A first OWI is usually a misdemeanor. What moves it up is history, and the seven-year window is the line most people do not know about until a prosecutor raises it.
An OWI becomes a Level 6 felony where there is a prior OWI conviction in the previous seven years. It becomes a more serious felony where an OWI causes serious bodily injury or death. A prior conviction also lengthens the administrative suspension attached to a chemical test refusal.
Attorney Whalin started out as a public defender, which is where trial lawyers learn the work, and has handled suppression motions and probation violation hearings through to not guilty verdicts at jury trial. He is admitted in Indiana state courts and in the United States District Courts for the Northern and Southern Districts of Indiana.
Where the facts allow, we pursue dismissal, suppression, diversion, or a resolution that protects what matters most to you. Where they do not, we are prepared to try the case.
The attorney on your case
You get Trampas Whalin.
Not an associate, not a case manager. He started out as a public defender, which is where trial lawyers learn the work: real cases, real hearings, and a close view of how the state builds a file.
More than fifteen years on, he has defended adults and juveniles across Indiana on everything from a first OWI to the most serious felonies, securing dismissals, diversion agreements, and not guilty verdicts at jury trial. He has lived in Noblesville since 2010, and your case will move through the same courtrooms, judges, and prosecutors he works with every week.
- Over 15 years of Indiana practice
- Former public defender Where trial lawyers learn the work
- President Hamilton County Bar Association
- Indiana Rising Stars Selected by Super Lawyers
- 10.0 rating Avvo
- Federal admissions N.D. and S.D. Indiana
What the case involves
A repeat OWI case is a different piece of work
A repeat OWI offender has more in play than a first-time defendant, and more of it has to be handled at once.
- Reviewing the prior conviction and whether it falls inside the seven-year window
- Whether multiple prior OWI or DUI charges change the exposure on this one
- Whether the stop, the testing, and the certifications hold up on this case
- Suppression motions where the evidence does not withstand scrutiny
- Probation and community corrections violations arising from a prior case
- The longer administrative suspension attached to a refusal with a prior conviction
- Habitual traffic violator status and what it would mean for your license
- Whether the facts support taking the case to trial
- What a felony conviction would leave on your record afterward
“Trampas was open and honest with me from the very beginning, giving me realistic expectations and opinions about the potential outcome of my case. He was focused and thorough. He represented me as though I were his only client.”
— Stephanie, Whalin Legal client
Every case is different. Prior results do not guarantee or predict a similar outcome in any future case, and no representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers. This client statement reflects one person’s experience and is not a promise of any particular result.
Common questions
Answered plainly
A first OWI is usually a misdemeanor. It becomes a Level 6 felony with a prior OWI conviction in the previous seven years, and a more serious felony where an OWI causes serious bodily injury or death.
Refusing a chemical test carries a one-year suspension, or two years where there is a prior OWI conviction. A test showing prima facie evidence of intoxication carries 180 days, or until the charges are resolved, whichever comes first. These run separately from any suspension a court orders after a conviction.
Yes. He has handled suppression motions and probation violation hearings through to not guilty verdicts at jury trial, and is admitted in Indiana state courts and in the United States District Courts for the Northern and Southern Districts of Indiana.
Consultations are free. Contact us today and we will discuss what you are facing and what representation would involve before you make any commitment.
We regularly appear in the Hamilton County courts in Noblesville and represent clients in Carmel, Fishers, Westfield, and Indianapolis. Attorney Whalin is admitted in Indiana state courts and in the United States District Courts for the Northern and Southern Districts of Indiana.
Attorney Trampas Whalin. Not an associate, not a case manager. You speak directly with the attorney handling your case from the first conversation.
Talk to the firm
Prior convictions raise the exposure. Get an honest read before your court date.
Whalin Legal represents clients in Noblesville, Carmel, Fishers, Westfield, Indianapolis, and courts throughout Indiana.
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