What Happens to Your Driver’s License After a DUI Arrest in Indiana?

Understanding OWI, DUI, Administrative Suspensions, and Your Options

Getting arrested for a DUI in Indiana is jarring. One minute you’re going about your life, and the next you’re sitting in the back of a police car wondering what just happened, and what comes next. One of the first questions almost everyone asks is simple but urgent:

“Is my license suspended right now?”

The honest answer is: it depends. Indiana DUI law is complicated, and when it comes to your driver’s license, you’re not facing just one possible suspension, you’re facing two entirely separate suspensions, each triggered by different events.

If you’ve been arrested for drunk driving, OWI, OVWI, or DUI in Indiana, here’s what you need to know about your license, your rights, and how a criminal defense attorney can help protect both.

DUI vs. OWI in Indiana: What’s the Difference?

Before getting into license suspensions, let’s clear up a common point of confusion.

In Indiana, DUI is the term people use.
OWI or OVWI, Operating a Vehicle While Intoxicated, is the actual charge.

They’re used interchangeably in conversation, but legally, OWI is what you’re facing. The consequences, including license suspensions, flow from that charge.

The Two License Suspensions After a DUI Arrest

After a DUI or OWI arrest in Indiana, your driving privileges can be impacted in two different ways:

1. Administrative suspension (BMV suspension)
2. Court-ordered suspension (if you’re convicted)

These suspensions are separate, and one can happen even if the other never does.

Administrative License Suspension: What Happens After the Arrest

The first suspension comes from the Indiana Bureau of Motor Vehicles (BMV), not the court.

If You Took and Failed a Chemical Test

If you submit to a breath or blood test and your alcohol concentration is 0.08 or higher, the BMV will impose an automatic administrative suspension of:

• 180 days

This suspension is triggered by the arrest itself, not a conviction. In many cases, it can begin as early as your first court date. In some counties, it may even begin earlier.

That means you can lose your license before your DUI case is resolved.

Why Refusing a Chemical Test Is a Serious Mistake

Some drivers believe refusing a breath or blood test will help them. In Indiana, that’s almost always wrong.

Indiana’s Implied Consent Law

Under Indiana law, by driving on the roads, you’ve already agreed to submit to a chemical test if an officer has probable cause for a DUI.

Penalties for Refusal

If you refuse:

• First refusal:
• 1-year license suspension
• Refusal with a prior DUI:
• 2-year license suspension

And here’s the critical part:

A refusal suspension is in addition to any suspension that comes from a DUI conviction.

Even worse, a refusal generally eliminates your eligibility for specialized driving privileges under Indiana law.

To make matters worse, police can, and often do, get a warrant for a blood draw anyway. That means the State may end up with both:

• Evidence of your refusal, and
• Chemical test results

Court-Ordered License Suspension After a DUI Conviction

The second suspension only happens if you’re convicted of DUI/OWI.

The length depends on the charge and your history.

First-Offense DUI (Misdemeanor)

• 0 days to 1 year
• Yes, zero days is legally possible

Second DUI (Even if It Was Years Ago)

• Minimum 1-year suspension
• The law does not care if the prior was 15 years ago or 2 years ago

Felony DUI Cases

For felony OWI cases, license suspensions can be severe:

• Level 6 felony:
• Up to 2.5 years
• Level 5 felony:
• Up to 6 years

In felony cases, the license suspension can match the maximum possible jail sentence.

Good News: Administrative Credit Counts

Here’s one thing many people don’t realize:

Your administrative suspension counts toward your court-ordered suspension.

Examples:

• If you receive a 1-year court suspension after trial and already served 180 days administratively, you only have 6 months left
• If you plead guilty and receive a 90-day suspension, but already served 180 days administratively, you’ve already served more than required

This credit matters, and missing it can cost you months of unnecessary suspension.

Are You Completely Unable to Drive? Not Always.

Indiana allows for Specialized Driving Privileges (SDPs), formerly known as hardship licenses.

What Are Specialized Driving Privileges?

If granted, SDPs allow limited driving for essential purposes, such as:

• Work
• School
• Medical appointments
• Childcare obligations

Ignition Interlock Requirements

In many cases, judges require an ignition interlock device. Not always, but often.

Important Limitations

• SDPs are not guaranteed
• They are entirely discretionary
• Some judges grant them frequently
• Some rarely do
• Some never do

And critically:

If you refused a chemical test, you are not eligible for SDPs.

Why Early Legal Help Matters

Judges look at many factors when deciding whether to grant specialized driving privileges, including:

• Facts of the Arrest
• BAC level
• Prior DUI history
• Compliance with court orders
• Steps taken early in the case

There are things that can be done now, early in the process, to improve your chances.

In Indiana, driving isn’t optional. Most people need to drive to survive. Protecting your license isn’t a luxury, it’s essential.

Quick Recap: Indiana DUI License Suspensions

After a DUI arrest in Indiana:

• Fail a chemical test (.08 or higher)
• 180-day administrative suspension
• Refuse a chemical test
• 1-year suspension (first refusal)
• 2 years with prior DUI
• No specialized driving privileges
• Conviction adds a court-ordered suspension
• Ranges from 0 days to several years
• Administrative suspension counts as credit
• Specialized driving privileges may be available, but are discretionary

Why Hiring a Criminal Defense Attorney Matters

Indiana DUI and OWI laws are complex. Small mistakes can cost you months, or years, of driving privileges.

A criminal defense attorney can:

• Challenge the administrative suspension
• Protect your eligibility for specialized driving privileges
• Ensure you receive proper credit for time served
• Fight the underlying DUI charges

If you’re facing DUI charges in Indiana, timing matters.

Talk to the Marc Lopez Law Firm Today

At the Marc Lopez Law Firm, defending people accused of drunk driving isn’t a side practice, it’s what we do every day. We understand how much is at stake when your license, your job, and your future are on the line.

If you’ve been arrested for DUI, OWI, or OVWI in Indiana, call us today at 463-842-1724 to schedule a consultation.

We’ll talk DUI defense all day, but most importantly, we’ll fight to protect your future.

And remember: always plead the Fifth.