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Getting arrested for DUI in Indiana is stressful. As any Indiana DUI lawyer can tell you, though, it’s the immediate driver’s license suspension that really adds injury to the insult. When a defendant’s driving privileges are suspended before they’ve been convicted, it might feel unfair—but it’s not a mistake. This is the way the system was designed to work.
In Indiana, many DUI investigations lead to a certified chemical test of either breath or blood. If your alcohol concentration equivalent (ACE) is found to be at least 0.08*—or if you have legal or illegal intoxicating drugs in your system, the BMV is going to suspend your driving privileges. In some cases, this administrative suspension is imposed before you even appear in court.
Under Indiana law, a chemical test failure results in an automatic 180-day driver’s license suspension. An experienced Indiana DUI lawyer can tell you this has nothing to do with being convicted. As far as the State is concerned, the fact that you were arrested and formally accused is enough reason to suspend your license.
Understandably, many DUI defendants are frustrated by this. In a country where you’re presumed innocent until proven guilty, it seems improper for the State to punish you before you’ve been convicted.
As a society, we justify this by pointing out a couple of things:
Is this fair? It’s bound to feel unfair when you’re not allowed to drive, but driving is a privilege, and it’s an easy privilege to lose.
Thankfully, Indiana provides an option to continue driving while your DUI case moves through the legal system. If your license has been suspended, your Indiana DUI lawyer may be able to help you get specialized driving privileges (previously known as a hardship license). These privileges can allow you to drive for life’s necessities, such as getting to work, school, or medical appointments.
It’s important to be pro-active though. If your attorney doesn’t file a notice of intent for specialized driving privileges, the judge is likely going to direct the BMV to impose an administrative suspension. The notice gives you a 10-day grace period to get your driving paperwork in order and file it with the court.
Specialized driving privileges are completely discretionary, which means it’s impossible to generalize about what’s going to be permitted. Every judge has a different set of criteria and a different sense of what qualifies as a necessity. Some judges won’t even consider specialized driving privileges until your case is finished.
In most courts that allow SDP, the order will include things like driving to substance abuse treatment and taking your kids to soccer practice. Every once in a while, though, a defendant will be limited to driving to and from work. In most cases involving alcohol—even a first-time DUI—the order for specialized driving privileges will include an ignition interlock requirement.
In many Indiana counties, the judge will require an ignition interlock device as a condition for driving. An interlock device is basically a breathalyzer machine that’s installed in your vehicle. In order to start your car, you need to provide a breath sample.
If the machine detects alcohol of any kind, you’ll be locked out of your vehicle. You usually get the opportunity for a re-test after a few minutes, but failures are reported to the court. An experienced Indiana DUI lawyer knows that one of the most important aspects of specialized driving privileges is this: If you have an ignition interlock device installed as a condition of specialized driving privileges, the period of the installation shall be credited as part of the suspension.
In other words, if the judge gives you a six-month driving suspension as part of your criminal sentence, and you’ve already spent 180 days with interlock on specialized driving privileges, you don’t have any suspension left to serve. Once the BMV processes all the necessary paperwork, your license status will be VALID.
The experienced Indiana DUI lawyers at the Marc Lopez Law Firm understand how overwhelming a license suspension can be. That’s why one of the first things we do on DUI cases is file a notice of intent for specialized driving privileges.
A DUI case has a lot of moving parts, and there’s a certain amount of unpredictability that comes along with that. Our goal whenever possible is to keep you from being suspended and/or restore your driving privileges with as little interruption as we can manage.
If your license has been suspended following a DUI arrest, don’t let your world spin out of control. The Marc Lopez Law Firm is here to help. From contesting the charges against you to pursuing specialized driving privileges, we have the tools and experience to fight for your interests. Call us today at 463-946-0521 and remember—always plead the 5th!
*grams of ethanol per 100 milliliters of blood or 210 liters of breath