After an Operating While Intoxicated (OWI) arrest in Indiana, your driver's license is typically ordered suspended at the Initial Hearing for 180 days. For most people, that suspension creates immediate problems: getting to work, transporting children, and attending medical appointments. Indiana law, however, allows courts to grant Indiana specialized driving privileges that may keep you on the road under court-ordered conditions.
This article explains what specialized driving privileges are under Indiana Code 9-30-16, who qualifies after an OWI, how the petition process works, and what conditions a court may impose. Gibson Law Office has helped clients across Indiana obtain driving privileges after OWI charges since 1999.
Specialized driving privileges allow suspended Indiana drivers to operate a vehicle under court-ordered restrictions.
Under Indiana Code 9-30-16, most OWI defendants may petition for driving privileges immediately after charges are filed.
You must file a verified petition in the court that imposed or ordered the suspension of your driving privileges.
Gibson Law Office assists clients statewide with obtaining specialized driving privileges after an OWI arrest.
Courts may require ignition interlock, proof of insurance (SR22) and limited driving hours as conditions of the privilege.
Specialized driving privileges (SDP) are court-ordered permissions that allow a person with a suspended license to drive for specific, approved purposes. Indiana Code 9-30-16 governs these privileges and gives courts broad discretion over the terms.
Before 2015, Indiana used a system of hardship licenses and probationary licenses with mandatory waiting periods. Those statutes have been repealed. SDP replaced them and eliminated the waiting period for most suspension types.
The court decides exactly when, where, and why you are allowed to drive. Common approved purposes include employment, school, child transportation, medical appointments, religious services, and court-ordered counseling. You must carry a copy of the SDP order in your vehicle at all times.
Under Indiana Code 9-30-16-1, eligibility depends on several factors. You must have held a valid Indiana driver's license or learner's permit at the time of the OWI offense. Indiana residents who were licensed when the suspension occurred generally qualify.
Certain individuals are not eligible. If you refused a chemical test under Indiana's implied consent law (Indiana Code 9-30-6 or 9-30-7), you cannot obtain SDP under Chapter 16. A separate provision, Indiana Code 9-30-6-8(d), may apply in refusal cases, but the standard SDP petition is unavailable. According to the Indiana Bureau of Motor Vehicles, a refusal to submit to a chemical test results in a suspension of driving privileges for up to one or two years depending on the circumstances including whether you have a prior case.
The petition process requires filing a verified petition in the court that ordered or imposed the suspension. Under Indiana Code 9-30-16-3, the petition must state your age, date of birth, address, the grounds for relief, and the specific privileges you are requesting.
If your suspension was imposed by a court in a criminal case, file the petition in that same case or a companion miscellaneous filing (local rules vary). If the suspension is administrative (imposed by the BMV rather than a court), Indiana Code 9-30-16-4 requires you to file in a circuit or superior court in the county where you reside.
The petition must be served on the BMV and the prosecuting attorney, who responds on behalf of the BMV. A 2019 update to the SDP statute allows you to request driving privileges at the Initial Hearing. When that request is made, the court must stay the suspension and schedule a hearing on the petition.
Gibson Law Office attorneys routinely file SDP petitions across Indiana and understand the procedural requirements in dozens of counties. Acting quickly after charges are filed can make a significant difference in maintaining your ability to drive.
Courts have broad discretion to set the terms of your specialized driving privileges. Under Indiana Code 9-30-5-16, the court may order that you install a certified ignition interlock device on your vehicle. This device tests your breath for alcohol before the engine will start.
Ignition interlock is a common condition, but it is not automatic. Some counties grant SDP without requiring interlock, depending on the facts of the case. The court may also limit your driving to specific hours, specific routes, or specific purposes such as employment only.
You must maintain proof of financial responsibility insurance (sometimes called SR-22 coverage) during the entire period of your specialized driving privileges. You are also required to carry a valid driver's license and a copy of the court order granting SDP. Producing that order upon request by a law enforcement officer is mandatory.
Indiana law sets the framework for SDP, but local court rules and practices vary significantly from county to county. In Tippecanoe County, SDP petitions are filed under a separate MI cause number with specific local procedures. In Clinton County, SDP petitions are filed directly in the criminal case.
Carroll County uses its own local forms. Marion County adopted a local rule requiring petitions for administrative suspensions to be filed in the Marion Circuit Court. These differences can affect how quickly your petition is heard and what documentation you need to prepare.
Gibson Law Office has represented clients in more than 80 Indiana counties and understands local court procedures in jurisdictions throughout the state. An attorney who knows the local rules in the county where your case is pending can navigate these differences and help you prepare an effective petition.
An OWI conviction does not only result in a temporary suspension. If you accumulate multiple OWI convictions or traffic offenses, Indiana's Habitual Traffic Violator (HTV) statute can result in a five-year, ten-year, or lifetime suspension of your driving privileges.
Under Indiana law, three major traffic offenses in a ten-year period qualify a driver as an HTV with a ten-year suspension. Two OWI convictions resulting in death lead to a lifetime suspension. Even a single OWI paired with other offenses can trigger a longer suspension under the HTV statute.
Once an OWI case is resolved and enough time has passed, Indiana's expungement law may allow you to seal the conviction from your record. Expungement can restore certain civil rights and remove the conviction from public court dockets.
Your ability to drive after an OWI charge depends on the specific facts of your case, the county where it is filed, and how quickly you act. Waiting until your court date to address driving privileges can mean months of lost time on the road.
Filing for specialized driving privileges early in the case, ideally before the Initial Hearing, gives your attorney the opportunity to request a stay of the suspension. In some counties, a plea agreement can be negotiated early that reduces or eliminates the suspension period entirely.
If you face an OWI charge in Indiana and need to keep driving for work or daily responsibilities, contact an experienced criminal defense attorney who understands Indiana's specialized driving privileges law. Gibson Law Office offers a free initial consultation and represents clients statewide from offices in Lafayette, Bloomington, Fort Wayne, and Anderson.
You can petition for specialized driving privileges as soon as formal charges are filed. There is no waiting period under Indiana Code 9-30-16. A 2019 update to the statute also allows you to request a stay of your suspension at the Initial Hearing.
No. Ignition interlock is a common condition, but the court decides on a case-by-case basis. Gibson Law Office helps clients understand local court practices and whether interlock is likely in their county.
Driving while suspended is a Class A infraction for a first offense and a Class A misdemeanor for a second offense in ten years. A conviction adds a possible additional license suspension. Gibson Law Office defends clients facing these charges across Indiana.
Yes. Gibson Law Office represents clients in more than 80 Indiana counties. The firm has experience with local court procedures in jurisdictions ranging from Lafayette and Bloomington to Fort Wayne and Anderson.
In many cases, yes. Indiana Code 9-30-16 applies to most suspension types, including habitual traffic violator suspensions. Eligibility depends on specific factors including your driving record and the nature of the underlying offenses.