Being arrested for DUI (Driving Under the Influence) or OVWI (Operating a Vehicle While Intoxicated) in Indiana is stressful enough, but what’s often even more surprising is how quickly a person’s driver’s license can be suspended—even before a conviction. If you’ve found yourself in this situation, you’re not alone. This blog will explore why your license may be suspended after a DUI arrest, even if you haven’t been convicted yet, and what steps you can take to regain your driving privileges.
Indiana’s Chemical Test and Administrative License Suspension
In Indiana, after a DUI/OVWI arrest, law enforcement will usually request that you take a certified chemical test, such as a breathalyzer or blood test. If your blood alcohol concentration (BAC) is 0.08% or higher, or if you have drugs (legal or illegal) in your system, the results trigger an automatic administrative suspension of your driver’s license. This suspension can be enforced before you even appear in court.
According to Indiana law, if you fail the chemical test, the court must impose a 180-day license suspension. This happens before any conviction or court proceedings. Essentially, it means you can be punished with a license suspension simply based on failing the test, even if the DUI charges are eventually dismissed or reduced.
Is an Administrative License Suspension Fair?
Understandably, many people find this rule frustrating. After all, we live in a country where you are presumed innocent until proven guilty. It may seem unfair that your driving privileges are taken away before you’ve had your day in court. Unfortunately, this is the reality of Indiana DUI law. The state views driving as a privilege, not a right, and protecting public safety often comes at the cost of immediate administrative penalties.
Specialized Driving Privileges: A Solution While Your Case is Pending
Thankfully, Indiana provides an option to continue driving while your DUI case moves through the legal system. If your license has been suspended, you may be eligible for Specialized Driving Privileges (SDP). These privileges can allow you to drive for necessary tasks, such as getting to work, school, or medical appointments, during your 180-day suspension.
However, it’s important to act quickly. Your attorney must file a request for SDP before the judge issues your suspension. If filed in time, the court must wait 10 days to finalize your suspension, giving your legal team an opportunity to negotiate the terms of your SDP.
What Are Specialized Driving Privileges?
While specialized driving privileges are incredibly helpful, they come with specific limitations. Every judge has different criteria for granting SDP. Some may limit you to driving only to and from work, while others may include extra restrictions like banning trips that involve passengers or shopping. In some cases, judges may even require the installation of an ignition interlock device, which prevents your car from starting if alcohol is detected on your breath.
Despite these hurdles, SDPs are a great way to ensure you can maintain your daily responsibilities while awaiting your court date.
The Role of Ignition Interlock Devices in DUI License Suspensions
For many Indiana counties, judges require the use of ignition interlock devices (IID) as part of the conditions for specialized driving privileges. An IID is a breathalyzer that is installed in your car and requires you to blow into it before the vehicle will start. If alcohol is detected, the engine won’t start, and the device will report the violation to the court. While inconvenient, complying with this requirement can allow you to drive during the suspension period and even reduce future penalties if convicted.
Importantly, the time spent driving with an ignition interlock device can count toward any license suspension that comes after a DUI conviction. So, while it’s not an ideal solution, using an IID during your pending case can work in your favor in the long run.
What Can Marc Lopez Law Firm Do for You?
At Marc Lopez Law Firm, we understand how overwhelming the DUI license suspension process can be. That’s why one of the first things we do for our clients is file for specialized driving privileges. We have extensive experience navigating Indiana’s DUI laws, and we even have a full-time employee whose sole focus is handling clients’ driver’s license issues. This level of commitment and attention to detail can make all the difference in your case.
DUI law is complex, and the license suspension rules can be hard to navigate. If you’re facing a DUI/OVWI charge, it’s crucial to have an experienced legal team on your side to help you get back on the road.
Conclusion: Don’t Let a DUI Arrest Derail Your Life
If your license has been suspended after a DUI arrest, it can feel like your world is spinning out of control. The Marc Lopez Law Firm is here to help. From fighting for your specialized driving privileges to contesting the charges against you, we have the tools and experience necessary to handle the complexities of Indiana DUI law. Call us at 317-632-3642 to discuss your case, and remember—always plead the 5th!
