We’re all dependent on motor vehicles to one degree or another. So what happens if you’re not allowed to drive? The State of Indiana can suspend your driver’s license for a number of reasons, including:
- accumulating excessive license points;
- driving without auto insurance;
- failing a chemical test;
- pleading or being found guilty of DUI; and/or
- committing enough offenses to be deemed a habitual traffic violator (HTV).
The good news is, Indiana has a statutory remedy called specialized driving privileges (SDP), and most types of license suspensions are eligible. While specialized driving privileges can’t offer you a completely valid license, they can allow you to drive legally during the course of a suspension.
Under an order for specialized driving privileges, your vehicle use will be limited to life’s necessities, such as:
- employment;
- family obligations;
- medical appointments; and
- court hearings.
Specialized driving privileges are rarely granted for recreational activities, and the details are always up to the judge. If you’d like to learn more, click here to request the Marc Lopez Law Firm’s free report on specialized driving privileges.
Specialized Driving Privileges: The Basics
Specialized driving privileges are authorized by statute, but judges enjoy a great deal of discretion. There’s no scenario where you’re entitled to drive. It’s more like you’re asking for a favor, and the judge is the only one with the power to grant it.
The Indiana Code provides that the terms of the specialized driving privileges “must be determined by a court,” which is another way of saying that the driving conditions are whatever the judge says they are. You make the request; the judge makes the rule.
Not every judge in every county is open to the possibility of allowing you to drive while your criminal case is pending. Some judges use the license suspension as a way to try and fast-track a guilty plea.
For the judges who do grant specialized driving privileges, the insurance requirements have become an unofficial rule: While the State minimum for bodily injury liability coverage is $25,000 per person / $50,000 per accident, the minimum for purposes of specialized driving privileges is $100,000 per person / $300,000 per accident. You’ll also be asked to present proof of future financial responsibility (also known as an SR22 filing) to the court.
The rationale for this standard is that judges are looking to protect other Indiana drivers, and you, as someone who’s been suspended by the BMV, are considered a greater risk than others.
DUI Suspensions and Alcohol Monitoring
If your license has been suspended because of a chemical test failure, a DUI conviction, or HTV status that has resulted from a series of DUI offenses, there is a strong likelihood that the judge will impose some sort of alcohol monitoring. In some counties, the judges consider alcohol monitoring to be part of the deal with specialized driving privileges, even when the DUI arrest did not involve alcohol.
In most cases, the alcohol monitoring is going to come in the form of an ignition interlock device. This is a machine that’s installed in your vehicle and requires a breath test before you can start the car. Beware of consumer products that contain ethanol (mouthwash, cologne, hand sanitizer), as these can sometimes trigger a false positive and prevent you from operating your car.
If the judge imposes an ignition interlock requirement, that means you can only drive a vehicle with this device installed. For people who drive a work vehicle, this is an impractical solution.
If your job involves driving a work vehicle, and if the judge in your DUI case will not let you drive without alcohol monitoring, you’re going to need to request a handheld breath test device.
The handheld device can be both a blessing and a curse. Yes, it can allow you to continue doing your job, but it can also demand a breath sample at any time. With interlock, you’re only offering breath samples when you’re behind the wheel. With a handheld device, the interruptions can be harder to predict.
For an HTV suspension, it’s not unusual for the judge to require alcohol monitoring at the start. In most cases, however, this doesn’t mean you’ll be paying for 10 years worth of alcohol monitoring. After a year or two, with no alcohol-related violations, your Indiana DUI lawyer can submit a request to terminate the interlock requirement.
Habitual Traffic Violators: How to Address a Long-Term Suspension
What are the other considerations that go into a multi-year request for specialized driving privileges? Here are some things worth thinking about:
- It can’t hurt to ask. If you’re uncertain whether the judge will allow for a specific driving privilege, you might as well make the request. The worst that can happen is the judge will say no, and there’s no penalty for being too ambitious. The judge may disagree with you about the importance of your nephew’s little league games, but this isn’t an all or nothing situation. The judge can approve whatever driving privileges they want.
- Flexibility is better than rigidity. Predicting the future can be difficult, so how are you supposed to know what your driving schedule is going to be in five years? Obviously, you can’t. But what you can do is request driving privileges that reflect your current needs and try to build some flexibility into them.
- Modifications may be necessary. Seasons change, and so do circumstances. Judges understand this. Multi-year SDP arrangements usually have periodic review hearings so you can check in with the judge and make sure the details of your order still apply. That said, you don’t need to wait for a review hearing to request a modification. If you move or get a new job but don’t get your order updated, you can be charged with violating your driving conditions.
The Right to Drive?
Maybe the most important thing to keep in mind is that the law says a judge may grant you specialized driving privileges, but they’re not required to do so. There’s no law that says you must be granted special privileges, and the State doesn’t owe you anything. specialized driving privileges are a favor that the judge has the power to grant you.
The attorneys at the Marc Lopez Law Firm understand the urgency of driving needs, and our collective knowledge base regarding motor vehicle laws is second-to-none. If you’re facing DUIcharges or any other sort of driving suspension, give us a call at 463-842-0116, and remember—always plead the 5th!
