If you’ve recently been arrested for a DUI in Indiana, one of the first questions that might cross your mind is: Is my driver’s license already suspended? It’s a fair question—and the honest answer is: it depends.

This is where things start to get complicated. As any experienced DUI attorney or DWI attorney in Indiana will tell you, the process isn’t always straightforward, and every case can unfold a little differently.

Understanding Indiana DUI Law: When Is Your License Suspended?

Under Indiana law, your driver’s license should not be suspended right away after a DUI arrest unless one of two things happens:

  1. You took a breath test at the police station and blew a 0.08 or higher, or
  2. You submitted to a blood test, and the result came back 0.08 or higher.

If neither of those things has occurred, you shouldn’t automatically lose your license. That’s how the law is written. And yet, despite the law, the way this plays out can vary wildly from one county—or even one judge—to the next.

As a seasoned Indiana DUI attorney, I’ve seen firsthand how inconsistent these decisions can be, which is why it’s so important to know your rights.

What Happens If You Refuse Testing?

Things get messier when a person refuses chemical testing—whether that’s the breathalyzer at the station or the blood draw at a hospital. Under Indiana’s implied consent law, refusing a breath or blood test can result in a mandatory license suspension.

But—and this is important—that suspension is not for being intoxicated. It’s because you declined the test. And if the officer didn’t get a warrant and there’s no result? Then technically, there’s no legal basis for immediate suspension based on intoxication.

Still, some courts and officers act preemptively. They suspend licenses based on probable cause alone. This can create a confusing and frustrating situation—especially for people just trying to understand what happens next.

This is why consulting a knowledgeable DUI attorney or DWI attorney in Indiana is crucial. A lawyer familiar with Indiana DUI law can evaluate your specific situation and help you navigate the chaos.

The Judge Is the Gatekeeper

Even if you submitted to chemical testing, your license typically won’t be suspended until your initial court hearing. Alternatively, if your attorney waives that hearing, a judge can order a suspension at that time.

This makes sense. After all, how are you supposed to know your license is suspended if no one tells you?

But again, we see variation here. Some judges want to make sure you’re not driving—even before the court process has officially begun. This can mean your license is suspended before any formal notice, simply because a judge believes it’s the “safe” thing to do.

It’s these inconsistencies that make working with a skilled Indiana DUI attorney so essential.

Checking Your License Status

If you’re unsure whether your license is currently valid, don’t wait for a letter in the mail. Take action:

  1. Log in to the Indiana BMV website. If you’ve been arrested for DUI in Indiana, create an account if you haven’t already.

     

  2. Check your license status. If it says active, that means you’re legally allowed to drive.

     

  3. Keep checking. The status can change quickly, especially in the days following a DUI arrest.

     

But remember: If a judge has ordered you not to drive as a condition of your bond, then the BMV status becomes irrelevant. Disobeying a judge’s order can lead to contempt charges—and possibly worse.

Why This Gets Confusing

Some counties in Indiana are more aggressive than others when it comes to suspending licenses. For example, certain jurisdictions treat the mere arrest for suspicion of DUI as automatic grounds for suspension, even before results are available. Others wait for test confirmation.

And in a handful of counties, officers may even draw your blood at the side of the road. That’s right—on the shoulder of a highway. Welcome to Hamilton County.

The result? People have no idea if they’re legally allowed to drive. That’s a dangerous situation—both legally and practically.

Don’t Risk It—Call a DUI Attorney

If you’re not sure about your license status, the best course of action is simple: Call an experienced DUI attorney in Indiana. Don’t just Google “lawyer near me.” Don’t pick a random name out of the phone book.

You want someone who actually understands Indiana DUI law—someone who’s handled hundreds of these cases and can give you a real answer. There are too many attorneys out there who don’t fully grasp how DUI arrests affect driving privileges.

And this isn’t an area where you want vague advice or guesswork. You want precision—because if you end up driving on a suspended license, you’re asking for a confrontation with the judge.

That’s a quick way to get on the court’s bad side.

Respect the Court—Stay Off the Road If Suspended

Judges in Indiana don’t take kindly to being ignored. If you’re told not to drive—and you get caught behind the wheel—you’re probably looking at a contempt of court charge. That’s on top of your existing DUI situation.

Judges interpret this behavior as a lack of respect. And while they won’t say it outright, they’re thinking: If you can’t follow a simple instruction, what else are you ignoring?

This is why hiring the right DWI attorney in Indiana can be a game-changer. They’ll keep you informed, prepared, and—most importantly—out of trouble.

Let’s Get You Back on the Road—Legally

Here’s the thing: Indiana isn’t Chicago. We don’t have a subway system. Public transportation? It’s limited at best. If you lose your license, your livelihood can suffer immediately. Getting to work, taking care of your kids, even grocery shopping—it all becomes a challenge.

That’s why the Marc Lopez Law Firm makes it a priority to get our clients back on the road legally. We understand that driving in Indiana isn’t a luxury—it’s a necessity.

Take the First Step

If you’re dealing with a DUI arrest and have questions about your license status, don’t wait for things to get worse. Call the Marc Lopez Law Firm today at 463-222-0896. We’ll walk you through the situation, explain your options, and help you protect your driving privileges.

Because in Indiana, losing your license can be the first domino to fall. We’re here to help you stop that chain reaction before it starts.

And always—plead the 5th.

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