Frequently Asked Questions About DUI License Suspensions in Indiana
1. Is my driver’s license automatically suspended after a DUI arrest in Indiana?
Not always, but it can be. After a DUI (OWI) arrest in Indiana, your license may be suspended administratively by the BMV before you are ever convicted. If you take a chemical test and your alcohol concentration is 0.08 or higher, the BMV will impose a 180-day administrative suspension. This suspension is separate from anything the court may later order and can begin very quickly.
2. What happens to my license if I refuse a breath or blood test in Indiana?
Refusing a chemical test is one of the fastest ways to lose your license. Under Indiana’s implied consent law, a refusal results in:
- 1-year license suspension for a first refusal
- 2-year suspension if you have a prior DUI
This suspension is in addition to any court-ordered suspension if you’re convicted. In most cases, a refusal also eliminates your eligibility for specialized driving privileges.
3. What is the difference between an administrative suspension and a court-ordered suspension?
An administrative suspension comes from the BMV and is triggered by failing or refusing a chemical test after a DUI arrest. It does not require a conviction.
A court-ordered suspension only happens if you are convicted of DUI/OWI. Its length depends on whether the offense is a misdemeanor or felony and whether you have prior DUI convictions.
These are two separate suspensions, but time served on the administrative suspension usually counts as credit toward the court-ordered suspension.
4. Can I still drive if my license is suspended after a DUI?
Possibly. Indiana allows judges to grant Specialized Driving Privileges (SDPs), which may let you drive for essential purposes like work, school, medical appointments, or childcare.
However:
- SDPs are not guaranteed
- They are entirely discretionary
- Many judges require an ignition interlock device
- Refusing a chemical test usually disqualifies you
An experienced criminal defense attorney can take steps early in the case to improve your chances.
5. How long can my license be suspended if I’m convicted of DUI in Indiana?
It depends on the charge:
- First-offense misdemeanor DUI: 0 days up to 1 year
- Second DUI (any time in the past): minimum 1 year
- Felony DUI:
- Level 6 felony: up to 2.5 years
- Level 5 felony: up to 6 years
The court can also factor in time already served under an administrative suspension when calculating the final suspension period.