Indiana OWI Defense

OWI Defense Attorneys

Can I Drive After an OWI in Tippecanoe County?

One of the first questions people ask after an OWI arrest is:

“Can I still drive?”

The answer depends on several factors.

Many people incorrectly assume their license is automatically suspended when they are arrested.

Others assume they can continue driving until their Initial Hearing.

Both assumptions can be wrong.

In Tippecanoe County, driver’s license issues often become the most urgent part of the case.

Quick Answer

Possibly. Tippecanoe County OWI cases, the Court enters a probable cause finding and directs the Indiana Bureau of Motor Vehicles to suspend driving privileges before the Initial Hearing occurs. Depending on the circumstances, an attorney may be able to seek a stay the suspension and pursue Specialized Driving Privileges.

Why Driving Issues Become Urgent So Quickly

Many people are surprised to learn that charges are often filed before the Initial Hearing.

Once OWI charges are filed in Tippecanoe Superior Court 6, the Judge reviews the probable cause affidavit and enters a probable cause suspension.

If probable cause is found, the Court directs the BMV to suspend driving privileges for 180 days or until the criminal case is resolved.

This often occurs before the defendant appears in court.

The Biggest Mistake We See

The biggest mistake people make is waiting until the Initial Hearing to contact an attorney.

Many drivers assume nothing significant happens until they stand before the Judge.

In reality, important driver’s license issues may already be developing.

The earlier a lawyer becomes involved, the more opportunities may exist to address those issues.

What Is a Notice to Stay?

When appropriate, an attorney may file a Notice to Stay the probable cause suspension.

The purpose is to prevent the suspension from taking effect while Specialized Driving Privileges are pursued or plea negotiations take place. The Notice of Stay can stop the suspension for 10 days.

This is one reason timing matters.

A delay of even a few weeks can make driver’s license issues more difficult to address.

Specialized Driving Privileges in Tippecanoe County

Specialized Driving Privileges (SDP) may allow eligible drivers to continue driving despite a suspension.

Tippecanoe County has several procedures that differ from many Indiana courts.

For example:

SDP petitions are typically filed under a separate MI cause number.
The petition must generally be filed within strict deadlines.
The Court requires detailed information regarding work schedules and requested driving privileges.
The Court generally requires ignition interlock.

The process requires planning and preparation.

Will I Need Ignition Interlock?

It depends on the facts of the case. In some cases, a short-term or even zero license suspension can be obtained. However, if Specialized Driving Privileges are Ordered for an OWI in Tippecanoe County, it will include an ignition interlock requirement.

Superior Court 6 generally utilizes S&C Ignition Interlock.

The ignition interlock device must be installed and maintained according to the Court’s order.

Out-of-State Drivers Face Additional Issues

Students and professionals with out-of-state licenses often face additional complications.

Indiana cannot control what another state’s licensing agency ultimately does.

As a result, timing becomes especially important.

For more information, see our Out-of-State Driver’s License and Indiana OWI page.

Frequently Asked Questions

Is my license automatically suspended when I am arrested?

No.

Several separate license-related events occur after an arrest.

Can I drive before the Initial Hearing?

Yes. You can drive until you receive notice of a suspension from the BMV or the Court Orders your license suspended at the Initial Hearing. When the suspension begins is always difficult to ascertain. That is one reason you should contact an attorney immediately to discuss strategy.

What is a probable cause suspension?

A probable cause suspension is a court-ordered suspension that may be imposed after the Court reviews the probable cause affidavit. The Court decision is based on the chemical test result.

Can I get Specialized Driving Privileges?

If you consented to a breath test and have an Indiana license, you will generally be eligible for Specialized Driving Privileges. Being granted SDP also depends on the facts of the case and the driver’s record.

Will I need ignition interlock?

In Tippecanoe County OWI cases involving SDP, ignition interlock is required. However, some cases can be resolved without a conviction-based license suspension.

FREE LEGAL CONSULTATION

Talk to an experienced criminal attorney now.

You need to act fast to protect your rights. Certain defenses and motions must be filed prior to deadlines set by the court. Our experienced criminal defense attorneys will develop a strategy to attack the evidence in your case. Schedule a free consultation now.

Contact Us