If you were arrested for Operating While Intoxicated (OWI) in Indiana, your driving privileges are at risk. The court will recommend an administrative suspension at your Initial Hearing, which means you could lose your ability to drive at the Initial Hearing.
That suspension affects your commute, your parenting time, and your daily life. Gibson Law Office helps Indiana residents pursue specialized driving privileges so they can keep driving while their OWI case proceeds.
Indiana law under Indiana Code § 9-30-16 allows eligible individuals to petition for Specialized Driving Privileges (SDP) after an OWI-related license suspension. This article walks you through each step, from hiring an attorney to complying with court-ordered conditions.
The single most important step after an OWI arrest is to retain a criminal defense attorney who regularly handles Indiana OWI cases. An attorney who knows the local courts, judges, and prosecutors in your county can advise you on requesting driving privileges and begin building your defense immediately.
An attorney can file a request to stay the probable cause driver's license suspension and petition for Specialized Driving Privileges. In some Indiana counties, a short term or even zero license suspension can be negotiated early in the case if your attorney acts quickly.
Gibson Law Office handles OWI cases statewide in Indiana, from Lafayette and Bloomington to Fort Wayne and Muncie. Once hired, we monitor daily for the filing of charges so we can take immediate action to protect your driving privileges.
Indiana OWI charges carry different suspension periods depending on the charge classification and your history. Whether you are charged with a Class C misdemeanor OWI, which applies when your Alcohol Concentration Equivalent (ACE) is .08 or higher or a Class A misdemeanor OWI, for an ACE of .15 or higher, you will face a 180 day probable cause license suspension at the Initial Hearing.
If you have a prior OWI conviction, the suspension period must be at least one year under Indiana Code § 9-30-16-2(a). Repeat offenses also increase the complexity of obtaining specialized driving privileges. Your attorney can review your specific situation and map out the exact timeline that applies to your case.
Your Initial Hearing is the first court date after an OWI arrest in Indiana. At this hearing, the judge reviews the probable cause affidavit, formally presents the charges, and addresses the administrative suspension of your driving privileges. Missing this hearing can result in a bench warrant and additional penalties. In some counties, the Judge may make a probable cause finding before the Initial Hearing even takes place.
Under Indiana law, this hearing is also the first opportunity to request that the court stay your suspension and grant specialized driving privileges. Your attorney can make this request on your behalf at the Initial Hearing itself or even before the Initial Hearing as taken place.
Since 2019, Indiana courts have had the authority to stay an OWI suspension and grant driving privileges at the Initial Hearing. Having legal representation at this stage is critical.
To formally request Specialized Driving Privileges in Indiana, you must file a verified petition under Indiana Code § 9-30-16-3 in the court that ordered or imposed a suspension on your driving privileges. The petition must include your name, age, date of birth, address, and a statement of the reasons you need driving privileges.
The petition should also identify the specific types of driving you are requesting permission for: commuting to work, attending medical appointments, transporting dependents, or attending religious services. A well-prepared petition that clearly states your needs and your willingness to comply with conditions increases the likelihood that the court will grant your request.
Your attorney prepares this petition and files it with the court. Gibson Law Office has handled these petitions in courts throughout Indiana and understands the local requirements that vary from county to county.
Indiana courts have discretion when granting Specialized Driving Privileges, and the strength of your case depends on the evidence you present. You should be prepared to present evidence regarding your need to drive. The Court will generally require you to present testimony or other evidence regarding your work schedule, location of work, and how long your commute takes.
Under Indiana Code § 9-30-5-16, the court may order the installation of a certified ignition interlock device as a condition of granting Specialized Driving Privileges. This device requires you to provide a breath sample before your vehicle will start. If your breath sample registers above the programmed limit, the vehicle will not start.
Whether the court orders an interlock device depends on several factors: the county, whether you consented to the breath test, your ACE results, whether an accident was involved, and your criminal history. The cost of installing and maintaining the device is typically the responsibility of the driver.
Once the court grants Specialized Driving Privileges, your ability to keep those privileges depends entirely on your compliance with every condition the court sets. Typical conditions include driving only during specified hours, driving only to approved locations, maintaining proof of insurance, and keeping the ignition interlock device properly calibrated.
Violating any condition of your Specialized Driving Privileges can result in immediate revocation and new criminal charges for driving while suspended. Those additional charges carry their own penalties and can significantly complicate your original OWI case.
Gibson Law Office advises clients on exactly what the conditions mean in practice and what to do if circumstances change, such as a new job or a change in your medical treatment schedule, that might require a modification of your privileges.
Driving while your license is suspended after an OWI is a separate criminal offense in Indiana. Depending on the circumstances, it can be charged as a Class A misdemeanor.
According to data from the Indiana Criminal Justice Institute OWI Dashboard, OWI-related license suspensions occur in every Indiana county. A conviction for driving while suspended could add jail time, fines, and an extended suspension period to the penalties you already face from the original OWI charge.
It can also undermine any pending petition for Specialized Driving Privileges. The court may view the violation as evidence that you cannot be trusted to follow conditions.
The practical consequences reach beyond the courtroom. A second suspension makes it harder to maintain employment, fulfill parenting responsibilities, and handle basic daily tasks. If your license is currently suspended, the safest course of action is to arrange alternative transportation and let your attorney pursue driving privileges through the proper legal channels.
Indiana operates under an implied consent law. By driving on Indiana roads, you have already agreed to submit to a chemical test if an officer has probable cause to believe you are impaired.
Refusing a certified chemical test triggers a separate administrative suspension that can last one year or more, regardless of the outcome of your criminal case.
Under Indiana Code § 9-30-16-1, a person whose suspension is based on a breath test refusal is generally ineligible for Specialized Driving Privileges under the standard petition process. However, a court may still grant limited driving privileges with ignition interlock under Indiana Code § 9-30-6-8(d) in some circumstances.
This distinction is legally significant. If you refused the breath test, your attorney needs to pursue a different procedural path to restore your ability to drive. Gibson Law Office has experience handling these cases and can evaluate what options remain available based on the specific facts of your arrest.
Gibson Law Office provides experienced criminal defense representation for Indiana residents facing OWI charges and license suspensions. We handle every stage of the Specialized Driving Privileges process, from preparing and filing your petition to representing you at the hearing and advising you on compliance with court-ordered conditions.
We practice in more than seventy Indiana counties, including Lafayette, Bloomington, Fort Wayne, and Muncie. We understand how local courts and judges approach driving privilege petitions, and we use that knowledge to build the strongest possible case for keeping you on the road.
Gibson Law Office also monitors the filing of charges daily so we can take action before deadlines pass. Our knowledge base and client portal keep you informed about your case status in real time.
If you or someone you know has been arrested for OWI in Indiana, contact Gibson Law Office for a free consultation to discuss your options for specialized driving privileges.
You can request Specialized Driving Privileges as early as your Initial Hearing. Since 2019, Indiana courts have had the authority to stay a license suspension and grant driving privileges at this first court appearance. Gibson Law Office recommends retaining an attorney before the Initial Hearing so the petition is ready to file immediately.
Specialized Driving Privileges typically allow you to drive for specific purposes: commuting to and from work, attending medical appointments, transporting dependents, attending religious services, and meeting with your attorney. The court defines the permitted purposes and may restrict the hours and routes you can use.
In most cases, yes. The court has discretion to order an ignition interlock device under Indiana Code § 9-30-5-16, but it depends on your case. Factors include your ACE results, whether you consented to the breath test, your criminal history, and whether an accident was involved.
Gibson Law Office can assess whether an interlock requirement is likely in your situation.
Violating any condition can result in immediate revocation of your privileges and new criminal charges for driving while suspended. This is a separate offense that carries additional possible jail time, fines, and an extended suspension period. Gibson Law Office advises clients on how to stay in compliance and what to do if circumstances change.
An OWI conviction results in a sentence that may include a defined suspension period. After that period ends and you have met all court-ordered conditions, you can apply to have your full driving privileges restored through the Indiana Bureau of Motor Vehicles.
Your attorney can guide you through the restoration process once you have completed your sentence requirements.
Laws and court interpretations can change. This blog provides general information and should not be considered legal advice. For current and case-specific advice, contact an attorney.
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