suhrelaw | February 28, 2017 | Criminal Law
Having multiple OWI convictions in Indiana can lead to some very harsh consequences. If you are charged with OWI in Indiana and have a previous OWI conviction within the last five years, you will be charged with a level 6 felony OWI. Keep in mind, your previous OWI conviction does not need to have occurred in Indiana for Indiana courts to use that conviction against you. With a prior OWI conviction, the prosecutor’s office can “enhance” your current OWI charge from a misdemeanor up to a felony.
Petition for Alternate Misdemeanor Sentencing
While any conviction could have serious consequences in your work, school, and personal life, a felony conviction will increase those consequences, including potentially losing your rights to own a firearm and losing your right to vote. Also, a felony conviction could eliminate you from even applying for certain jobs and/or positions. In order to avoid such harsh consequences, Indiana may allow you to petition for Alternate Misdemeanor Sentencing (AMS). If you are able to successfully petition for AMS, the courts will record your level 6 felony conviction as a Class A misdemeanor. Typically, most plea agreements will call for AMS “on the backend,” meaning you will be eligible to petition for AMS once you have completed all parts of your sentence, including completing probation and paying off all your fines, fees, and court costs.
Level 6 felony OWI Conviction
If you are facing a level 6 felony OWI conviction and cannot afford to have a felony conviction on your record, call Suhre & Associates and see what we can do to avoid such a situation.