Sentencing for driving on a suspended license often results in a suspended sentence, some community service, and a 90 day driver's license suspension. Jail time for driving on a suspended license is usually not ordered, unless the person has a significant criminal history. However, the consequences following a sentencing for driving on a suspended license can result in habitual traffic offender and driver's license suspensions that last 5 years, 10 years, or even life. Becoming a habitual traffic offender can start with a simple speeding ticket, driving on a suspended license, or a first DUI. Under Indiana law, there are three ways you can be deemed a habitual traffic offender by the BMV:
1. If you accumulate two convictions, within 10 years, for certain of the most serious traffic violations, your driver's license will be suspended under Indiana Code 9-30-10-4(a) for a period of 10 years. These violations include DUI resulting in death, voluntary manslaughter resulting from the operation of a vehicle, and reckless homicide from the operation of a motor vehicle. If two of the convictions under this section are for DUI causing death, your license will be suspended for life.
2. If you accumulate three convictions, within 10 years, of the next tier of serious driving violations, your driver's license will be suspended under Indiana Code 9-30-10-4(b) for a period of 10 years. These violations include DUI, driving on a suspended license, drag racing, and criminal recklessness with a vehicle.
3. If you accumulate 10 convictions, within 10 years, of certain minor traffic infractions, your driver's license will be suspended under Indiana Code 9-30-10-4(c) for a period of 5 years. These violations include speeding, unsafe lane movement, and other moving violations. However, to be suspended under this section, you must also have committed at least one offense under #1 or #2 above.
If you are suspended as a habitual traffic offender, you may become eligible to seek a probationary license once you have served a portion of the driver's license suspension. If you are suspended under paragraph 2 above for receiving a combination of 3 DUI or driving on a suspended license convictions, you can seek a probationary license after 5 years. This assumes that you have not violated the suspension by being arrested for Operating a Motor Vehicle while being a Habitual Traffic Violator.
