Understanding License Suspensions for First-Time DUI Offenders in Indiana

Does a driver’s license get suspended for a person’s first DUI?

Yes, it absolutely does. There is no leniency in the code for first-time offenders. The law treats a first DUI just as seriously as any subsequent DUIs. If you are arrested for a DUI in Indiana and your blood alcohol concentration (BAC) is 0.08 or higher, you will face a license suspension at your initial hearing. This holds true whether it’s your first DUI or your tenth.

The Initial Hearing: What to Expect

When you get arrested for a DUI, your first court appearance is called the initial hearing. By law, if your BAC is 0.08 or greater, the judge is required to suspend your driver’s license at this hearing. This mandate applies uniformly across all DUI cases, regardless of your prior record.

Additionally, some judges may also suspend your license if they find metabolites of medication in your blood combined with evidence of dangerous driving. The key takeaway here is that the judge has the authority to suspend your license even if it’s your first offense and even if your impairment stems from prescribed medication.

Specialized Driving Privileges: A Glimmer of Hope

While the law is strict, there is a provision that might offer some relief: specialized driving privileges. This isn’t automatic; you have to request it from the judge. Here’s what you need to do:

1. File a Petition: Draft a formal request outlining your need for specialized driving privileges. This typically includes reasons such as commuting to work or taking children to school.

2. Present Evidence: Attend a hearing where you present your case to the judge, showing why you need these privileges.

3. Judge’s Decision: If the judge approves, you will be granted limited driving rights. You will be restricted to driving only to specified places, like work or school, and during certain hours.

The process involves preparing the judge’s order, which is then signed and processed digitally. This permission is highly restricted but can significantly alleviate the burden of a suspended license.

The Variability Among Judges

It’s important to note that while most judges in Indiana will consider granting specialized driving privileges for a first-time DUI, this isn’t guaranteed. Indiana has 92 counties, each with its own set of judges, and their willingness to grant these privileges can vary. Not all judges or counties follow the same practice, and some may deny specialized driving privileges regardless of the circumstances.

Make The Right Call 

In Indiana, getting a DUI means facing immediate consequences, including the suspension of your driver’s license, even for first-time offenders. However, there is a path to potentially regain limited driving privileges if you qualify and the judge allows it. If you find yourself facing a DUI charge and need assistance navigating the legal process or applying for specialized driving privileges, contact us at 463-276-5737, and remember—always plead the Fifth!