Can I Drive After an OWI in Indiana?

OWI Defense Attorneys

Can I Drive After an OWI in Indiana?

For many people, the biggest concern after an OWI arrest is not jail.

It is driving.
People need to:
Get to work
Take children to school
Attend medical appointments
Care for family members
Continue daily life

That is why one of the first questions we hear after an OWI arrest is:

“Can I still drive?”

The answer depends on several factors, including the circumstances of the arrest, the type of license suspension involved, the county where the case is pending, and whether Specialized Driving Privileges or ignition interlock may be available.

Quick Answer

Immediate action can often preserve the ability to drive, but it depends on several factors.

Many Indiana drivers are able to continue driving after an OWI arrest. However, the answer depends on the specific facts of the case, the type of suspension involved, and whether the Court grants Specialized Driving Privileges or ignition interlock. If a person refused a chemical test, he or she will not be eligible for Specialized Driving Privileges but may be able to drive with an ignition interlock device.

Because driver’s license issues often arise early in an OWI case, it is important to develop a strategy as soon as possible.

Why Driving Privileges Become an Issue After an OWI

Many people assume nothing happens to their driver’s license until the criminal case is over.

That is often incorrect.

Indiana law allows courts to impose or recommend certain license-related consequences long before the criminal case is resolved.

As a result, waiting until the Initial Hearing to think about driving privileges can be a costly mistake.

What Is a Probable Cause Suspension?

After an OWI arrest, the Court may determine there is probable cause to believe an OWI offense occurred.

When that happens, a driver’s license suspension will be imposed at the Initial Hearing or following a finding of probable cause of a chemical test failure. In some counties, this can even happen prior to the Initial Hearing.

This is commonly referred to as a probable cause suspension.

Many drivers are surprised to learn that license issues can begin developing long before a plea agreement, trial, or sentencing.

What If I Submitted to a Chemical Test?

Many OWI cases involve a breath or blood test.

Depending on the circumstances, the test result may affect:

Driver’s license issues
Court proceedings
Specialized Driving Privileges
Ignition interlock requirements

Because every case is different, the impact should be evaluated individually.

What If I Refused the Chemical Test?

Refusal cases are different.

Many drivers are surprised to learn that refusal allegations can create unique driver’s license issues. A breath test refusal can result in an additional lengthy driver's license suspension.

Specialized Driving Privileges will not be available unless the breath test refusal is set aside.

However, ignition interlock may still be an option.

Because refusal cases require a different strategy, early planning is important.

What Are Specialized Driving Privileges?

Specialized Driving Privileges (SDP) are court-ordered driving privileges that allow many suspended drivers to continue driving under specific conditions.

Depending on the circumstances, SDP may permit driving for:

Employment
School
Medical appointments
Child transportation
Religious services
Court-ordered obligations
Counseling and treatment

Many drivers are surprised to learn that a suspension does not automatically mean they cannot drive if SDP is granted.

Learn More: Specialized Driving Privileges After OWI

What Is Ignition Interlock?

An ignition interlock device is a breath-testing device installed in a vehicle.

The device requires a breath sample before the vehicle will start.

Many people think ignition interlock is simply a penalty.

That is not always true.

In some situations, ignition interlock may actually help a person continue driving.

Learn More: Ignition Interlock Device for Indiana OWI

Can Ignition Interlock Be Ordered Instead of a Suspension?

Sometimes.

Indiana law allows courts to recommend ignition interlock in lieu of a probable cause suspension in certain situations.

This can be an important option because it may allow a driver to continue driving while the criminal case remains pending.

This issue often arises very early in an OWI case.

What If I Have an Out-of-State Driver’s License?

Out-of-state drivers often face different issues than Indiana drivers.

Indiana cannot control another state’s licensing agency.

As a result, an out-of-state driver may face consequences in both Indiana and the state that issued the license.

These cases often require a different strategy.

Learn More: Out-of-State Driver’s License and Indiana OWI

Why County Matters

Indiana law provides the overall framework for OWI license suspensions and driving privileges.

However, local procedures often vary.

Different counties may have different practices regarding:

Specialized Driving Privileges
Ignition interlock
Initial Hearing procedures
Required filings
Proposed orders

This is one reason local experience matters.

The Biggest Mistake We See

The biggest mistake is waiting until the Initial Hearing to think about driving privileges.

Many people assume:

“I have a court date. I’ll deal with it then.”

Unfortunately, driver’s license issues often begin developing before the Initial Hearing occurs.

The earlier a strategy is developed, the more options may exist.

Why Clients Contact Gibson Law Office Early

Clients often contact our office shortly after an OWI arrest because they are worried about losing the ability to drive.

We regularly assist clients with:

Probable cause suspensions
Specialized Driving Privileges
Ignition interlock issues
Out-of-state licenses issues
Purdue and Indiana University student issues
OWI defense throughout North Central and South Central Indiana

Frequently Asked Questions

Can I drive immediately after an OWI arrest in Indiana?

Possibly. The answer depends on the circumstances of the case and any license-related proceedings.

Will I automatically lose my license after an OWI?

Not necessarily. Many drivers have options that may allow them to continue driving.

What are Specialized Driving Privileges?

Specialized Driving Privileges are court-ordered driving privileges that may allow a suspended driver to continue driving under specific conditions.

What if I refused the breath test?

Refusal cases involve different driver’s license rules and often require a different strategy. A breath test refusal can result in a lengthy suspension and being ineligible for Specialized Driving Privileges. However, driving with an ignition interlock device may still be an option.

Will I need an ignition interlock device?

Possibly. Ignition interlock may be required in certain situations and may sometimes be used instead of a suspension.

Does every county handle driver’s license issues the same way?

No. Local procedures can vary from county to county.

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.

Can I Drive After an OWI in Indiana?

OWI Defense Attorneys