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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 118159
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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I live in Indiana and got stopped for a DUI. I had got

Customer Question

I live in Indiana and got stopped for a DUI. I had got stopped two years ago so this time I am charged with a level 6 felony. What will most likely be my punishment? Can I get a hardship license to drive to and from work?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Nisha Jones, Esq. replied 1 year ago.

Good morning, I am a Criminal Defense attorney and former Prosecutor for the State Attorney's Office. I'll be answering your questions today, please understand this is for informational purposes only, as we do not currently have an attorney-client relationship.

Customer: replied 1 year ago.
Expert:  Nisha Jones, Esq. replied 1 year ago.

Under section 9-30-5-10 of Indiana's code, a person charged with a DUI who has a previous conviction of operating a motor vehicle while intoxicated at least five years prior to the current violation may have his or her license revoked for at least 90 days but not more than two years.

Customer: replied 1 year ago.
I already new that. This is no help. I have an appointment with s lawyer I will just wait until then.
Customer: replied 1 year ago.
Expert:  Nisha Jones, Esq. replied 1 year ago.

No problem. Having a private defense attorney is the best option, having the right attorney working on your behalf can make the world of difference. I'd like you to feel like you were also able to get your question answered here today though, and I wasn't finish sending you all of my answer and the information I wanted to share with you. Would you like me to continue? If you prefer to wait for your attorney, that's okay too. I just want to make sure you know I'm here to help if you're interested.

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
I am a DIFFERENT CONTRIBUTOR as your previous contributor left.
A prior DUI offense in Indiana makes you ineligible for any type of hardship or provisional license, you have to ask the court for "specialized driving privilege" and they have to issue an order with the very specific reasons you can drive and where you can drive to and from and the hours. The Indiana law has now given the courts the authority to issue the specialized privilege so you have to file a motion in court proving your need for the specialized driving privilege.
Your punishment is likely going to still be a fine of up to $2500 plus you will likely be ordered to attend substance abuse counseling and in most cases the DA will make a deal to have the conviction entered as a misdemeanor and not the felony. The sentence is 6 months to 2.5 years and in most cases, you would end up with no actual jail time but probation time of 2 years.