What is a “Look-Back Period”

What is a "Look-Back Period”

A look-back period refers to the length of time that a conviction remains on someone’s driving record, thus impacting how a subsequent charge is tried. This is often used in DUI cases to identify the severity of the penalties imposed. What are the 2 time periods used to define a “lookback period”? In Indiana, there are 2 time periods that are used to assess these penalties: five years and ten years. This means that if someone is convicted of a DUI/OWI or other major driving offenses twice in 5 years or 3 times in 10 years, the penalties are significantly increased and may cause what would be a misdemeanor charge to be upgraded to a felony.

What are the 2 time periods used to define a “look-back period”?

In Indiana, there are 2 time periods that are used to assess these penalties: five years and ten years. This means that if someone is convicted of a DUI/OWI or other major driving offense twice in 5 years or 3 times in 10 years, the penalties are significantly increased and may cause what would be a misdemeanor charge to be upgraded to a felony.

What are the penalties if a subsequent conviction takes place within the look-back period?

There are three repeat offender penalties for OWI. The most serious is a repeat offender statute that could add 8 years on to a jail sentence for offenders with two or more prior offenses. In Indiana, there are 2 time periods that are used to assess these penalties: five years and ten years. This means that if someone is convicted of a DUI/OWI or other major driving offenses twice in 5 years or 3 times in 10 years, the penalties are significantly increased and may cause what would be a misdemeanor charge to be upgraded to a felony. The second is a felony with a prior offense within the previous five years. The third is a habitual traffic violator who has 3 DUI/OWIs in a ten‐year period.

Other penalties for repeat traffic offenders include the following mandatory minimum suspensions:

● 3 or more major traffic violations in a 10‐year period may cause a 10‐year suspension of the driver’s license.

● 1 major violation and 9 minor violations may cause a 5‐year suspension of the driver’s license.

● Driving after being a “habitual offender” may cause a lifetime suspension of the driver’s license.

● Driving on a suspended license after a DUI is a mandatory 60‐day jail sentence.

How does the look-back period work?

These lookback periods are based on the date of arrest for the conviction, not the date of the conviction. So if you were arrested on March 1, 2010, for your first offense and March 10th 2015 for your second, it will be charged as a first-time offense because it took place after the five‐year lookback period.

Contact an attorney

Hiring an experienced attorney may save you from many severe penalties. If you have been charged with a serious driving offense, especially a DUI offense, contact the Law Office of Stanley E. Robison, Jr. at 812‐945‐3055 or fill out our online contact form today.

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