Generally speaking, if you’re arrested for a DUI / OVWI in Indiana, your driving privileges will be suspended immediately. Every day, our firm gets questions like “How can I be punished just for being arrested?” and “Aren’t I innocent until proven guilty?” The bottom line: Indiana doesn’t consider license suspension a punishment – the State is simply revoking your “privilege” to drive.
Many states handle it differently, but this is Indiana’s view. If it seems unfair, that’s because it is. This is all the more reason to have an experienced DUI / OVWI lawyer on your side. When you’re arrested, the Judge formally recommends that the BMV suspend your license. The standard suspension is 180 days, but this can be shortened or extended by Court Order. Indiana does offer Specialized Driving Privileges for those with a suspension, but not all Judges are enthusiastic about this approach.
Specialized Driving Privileges are not an option for everyone, and their availability depends on your driving history, your criminal history, and the county in which you’ve been charged. If you are convicted of a DUI / OVWI, that conviction will count towards you being a Habitual Traffic Violator (HTV). This is an administrative suspension, and it’s independent of whatever penalties are imposed by the Court. Of course, your case is subject to further complications if this isn’t your first DUI / OWVI arrest. Prior convictions have never made anyone’s life easier. If you’re charged with a DUI / OVWI, be sure your attorney knows exactly what’s happening with your license.
The lawyers at the Marc Lopez Law Firm know how valuable your driver’s license is to you. We can help. Give us a call at 317-632-3642.
