Being charged with driving under the influence (DUI) in Indiana is a serious legal matter that can have lasting consequences—especially when it comes to your driver’s license. While many people worry about court fines and possible jail time, one of the most immediate and disruptive penalties is the loss or restriction of your driving privileges.
At JK Sanchez Law, we help clients navigate the legal aftermath of a DUI, including protecting or restoring their ability to drive. Here’s what you need to know about how a DUI affects your driver’s license in Indiana and what steps you can take to minimize the impact.
Administrative vs. Criminal Penalties
After a DUI arrest in Indiana, you may face two separate actions involving your driver’s license:
- Administrative suspension by the Indiana Bureau of Motor Vehicles (BMV).
- Criminal penalties imposed by the court system.
These are independent of each other, which means the BMV can suspend your license before you even go to court.
License Suspension After Failing a Chemical Test
If you submit to a chemical test (breath, blood, or urine) and your blood alcohol concentration (BAC) is 0.08% or higher, the BMV will administratively suspend your driver’s license for up to 180 days. This happens automatically—even if you haven’t been convicted yet.
For commercial drivers or those under 21, the BAC threshold is even lower, and the consequences may be more severe.
Refusing a Chemical Test
Refusing to take a chemical test under Indiana’s implied consent law results in an even harsher administrative suspension. In most cases:
- Your license can be suspended for one year for a first offense.
- Refusing a test with a prior DUI conviction can lead to a two-year suspension.
It’s important to note that refusing a test doesn’t prevent the state from pursuing criminal charges. In fact, it can complicate your case and limit your legal defenses.
Court-Imposed Suspension Upon Conviction
If you’re convicted of DUI (known as Operating While Intoxicated, or OWI, in Indiana), the court can impose its own license suspension in addition to the administrative penalties. Typical court-ordered suspensions include:
- First offense: Suspension for 90 days to 2 years.
- Repeat offenses: Suspension for up to 10 years depending on the severity and timing of prior convictions.
In some cases, the court may credit your BMV suspension time toward your court-imposed suspension, but that is not guaranteed.
Hardship and Specialized Driving Privileges
If your license has been suspended, all is not lost. Indiana law allows for Specialized Driving Privileges (SDP), sometimes called hardship licenses. This allows you to drive for essential purposes, such as:
- Getting to and from work or school
- Attending medical appointments
- Fulfilling court or probation requirements
To qualify, you must petition the court and demonstrate that losing your license imposes a significant hardship. At JK Sanchez Law, we can help you prepare and present a strong case for obtaining SDP as quickly as possible.
Reinstating Your License
To reinstate your driving privileges after a suspension, you’ll typically need to:
- Pay reinstatement fees to the Indiana BMV
- Provide proof of SR22 insurance (high-risk coverage)
- Complete any required alcohol education or treatment programs
- Install an ignition interlock device, if ordered by the court
Failing to comply with any of these requirements can delay reinstatement or lead to further penalties.
Protect Your License with JK Sanchez Law
A DUI arrest doesn’t automatically mean you’ll lose your driver’s license forever—but it does mean you need strong legal representation to protect your rights. At JK Sanchez Law, we work quickly to evaluate the facts of your case, challenge improper procedures, and seek alternatives like Specialized Driving Privileges when appropriate.
Don’t let a DUI derail your ability to work, care for your family, or fulfill everyday responsibilities. With the right legal guidance, you may be able to reduce the consequences or avoid license suspension altogether.
Contact Us for a Confidential Consultation
If you’ve been charged with DUI in Indiana and are worried about your license, contact us today. At JK Sanchez Law, we are committed to helping you fight for your future and your freedom to drive.
