Getting arrested for a DUI can be a stressful experience, especially if it’s your first offense. What comes next? One of the immediate concerns is whether you’re automatically suspended or if you can continue driving until your first court date. No one should face charges of this type without the assistance of an experienced Indiana DUI lawyer.
Following a DUI Arrest, When Is a Person’s License Suspended?
In theory, a person’s license is not going to be suspended prior to their initial hearing. As with many legal matters, however, theory doesn’t always match reality, and there are plenty of nuances and exceptions.
Under Indiana law, your license is not supposed to be suspended before your initial hearing. This hearing is a crucial first step in the criminal process, and it’s also your opportunity to notify the court that you intend to seek specialized driving privileges.
Understanding the Initial Hearing
The initial hearing is where the judge reads the formal charges to you and confirms that you’re aware of your obligations. Among other things, this hearing will cover:
- your rights and responsibilities, such as your right to an attorney and your right not to offer testimony;
- how you are pleading, which will be entered into the record as either guilty or not guilty; and
- your license status, which the court can either suspend or stay, depending on whether you’ve indicated that you intend to file for specialized driving privileges.
The Reality of an Early Suspension
Despite what the law states, many judges choose to suspend a person’s driver’s license before the initial hearing. From their perspective, this action is in the interest of public safety, especially since the defendant has already been arrested for intoxicated driving. Some judges are particularly zealous in this regard and may try to suspend your license as soon as possible. This can lead to problems and misunderstandings.
If your license is suspended before you ever appear in court, there’s a good chance that you won’t find out about this unless you log into the BMV’s database and check your license status. The BMV’s mailed paper notices can take weeks to arrive, so depending on when your initial hearing is scheduled, you could be driving on a suspended license without any actual notice.
Without clear communication from the State, this can lead you to additional problems. Being unaware of your license suspension is not a defense, and driving on a suspended license starts as a Class A infraction, carrying a maximum penalty of a $10,000 fine.
What’s the Best Move?
If you’re uncertain about the status of your driver’s license—following a DUI arrest, or at any time—the best course of action is to check your status online. This is what a police officer will see if they run your plates and pull up your driver record.
Here’s how to access your driver record:
- visit the BMV’s website;
- log in using your case-sensitive username and password;
- from the bullet point menu, select View your driver record; and
- check your License status, which is listed at the top of the page, right under License type.
If your status reads VALID, you should be fine to drive normally. If your status is SUSPENDED, however, it’s best not to get behind the wheel before consulting with an experienced Indiana DUI lawyer.
Legal Guidance and Support
Criminal charges are lot to handle, and no one should go it alone. This is why it’s so important to seek professional legal advice, even if you’re certain this is all a big misunderstanding. The Marc Lopez Law Firm can assist with your DUI defense, and the sooner you reach out, the better.
Don’t Delay, Reach Out Today
When you get a DUI in Indiana, you’re supposed to have until your initial hearing to decide what you want to do about your driving privileges, but things don’t always work out that way. The best way to ensure that you’re on the right side of the law is to personally keep tabs on your license status and seek help from an experienced Indiana DUI lawyer.
Driving on a suspended license can lead to further complications, and that’s not something you want to have to deal with. If you’ve been arrested for a DUI in Indiana, and you’re stressed about your license, give us a call at 317-632-3642 and remember—always plead the 5th!
