No one sets out intending to get charged with DUI / OVWI, but it happens every day. For anyone who has been charged, it’s important to understand what to expect. This blog will try to take an overwhelming amount of information and make it digestible.
In Indiana, every DUI / OVWI that results in conviction involves at least three issues: (1) an administrative license suspension, (2) a criminal sentence, and (3) post-conviction requirements from the Bureau of Motor Vehicles. This is generally true even for first-time offenders.
An arrest for DUI / OVWI usually triggers an immediate suspension, which is sometimes called the pre-conviction suspension. No, this is not fair. The administrative suspension is imposed by the BMV (not the court), and by default it lasts for 180 days.
If the police are claiming you refused a chemical test, that’s a different set of problems on its own. A refusal suspension lasts for at least a year, and if you have a prior DUI / OVWI conviction, it’ll be two years. DO NOT refuse a certified chemical test.
Many courts in Indiana allow for Specialized Driving Privileges during the administrative suspension, but some don’t. Some courts won’t allow you to drive on the administrative suspension but will consider Specialized Driving Privileges once the case has been resolved. The law leaves it up to each individual judge.
Click here to read on about criminal penalties and BMV requirements.