Indiana DUI License Suspension FAQs: What Happens Before Your Case Is Over?
1. Can Indiana suspend my driver’s license before I’m convicted of DUI?
Yes. Indiana can suspend your driving privileges before you plead guilty or are convicted of DUI/OVWI. Under Indiana Code 9-30-6-8, a judge can make a probable-cause finding early in the case that results in a pretrial license suspension. The license issue is separate from whether the State eventually proves the criminal charge. That means you can still be fighting your DUI case while already dealing with the loss of your ability to drive.
2. What happens to my license if my chemical test was .08 or higher in Indiana?
A qualifying chemical test showing an alcohol concentration of .08 or higher can lead to a pretrial suspension of your Indiana driving privileges. That can create an immediate problem even though the criminal case is still pending. You may suddenly have to figure out how to get to work, take care of your family, and handle other responsibilities without driving. The suspension does not mean you have been convicted, but it can affect your daily life right away.
3. Can I get specialized driving privileges after an Indiana DUI suspension?
Possibly. Indiana law allows some suspended drivers to seek specialized driving privileges, and an ignition interlock device may also be an option in certain DUI cases. The available route depends on the type of suspension, your prior record, and the court handling the case. Local practice can matter as well. A first-time DUI defendant may be in a very different position from someone with several prior intoxicated-driving cases.
4. What happens if I refused a breath or blood test in Indiana?
A chemical-test refusal can result in a separate suspension with different consequences from a failed chemical test. Indiana’s implied-consent law provides for a one-year suspension for certain refusals, with longer consequences in some situations involving prior OVWI history. Refusal suspensions can also limit access to ordinary specialized driving privileges, although ignition interlock may still be available in qualifying cases. A lawyer can also examine whether what happened actually amounted to a legal refusal.
5. Can I challenge an Indiana DUI license suspension?
Yes, there may be grounds to challenge the suspension or reduce its practical impact. A defense attorney may examine whether police had a lawful basis for the traffic stop, whether probable cause existed, or whether an alleged chemical-test refusal actually occurred. Even when the suspension itself cannot be eliminated, there may still be a lawful way to regain limited driving privileges. The best option depends on the reason for the suspension and the facts of the case.
