Lafayette, IN asked in DUI / DWI for Indiana

Q: Can a person receive jail time if they have a 2nd DUI and resist arrest?

She tried to escape police, and they had to blow her tires.

Related Topics:
2 Lawyer Answers
Joel D. Hand
Joel D. Hand
Answered
  • DUI & DWI Lawyer
  • Indianapolis, IN
  • Licensed in Indiana

A: Yes. A person convicted of a second OVWI in Indiana will be required to serve no less than 5 days in custody or no less than 240 hours of community service work. This is true regardless of how long ago the prior conviction was.

Andrew L. Bennett
PREMIUM
Andrew L. Bennett
Answered
  • DUI & DWI Lawyer
  • Valparaiso, IN
  • Licensed in Indiana

A: In Indiana, if you have a second OWI arrest, which could be charged as a misdemeanor or felony depending on how long ago the first offense occurred, there is a requirement for 5 actual days in jail or 240 hours of community service as a minimum of any sentence for being convicted.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.