Many Purdue and IU students and other drivers arrested in Indiana hold driver’s licenses issued by another state.
This creates issues that many people do not expect.
One of the biggest misconceptions is believing that resolving the Indiana case automatically resolves the driver’s license problem.
Unfortunately, that is not the case.
Indiana can prosecute an OWI that occurs in Indiana, but Indiana cannot control what another state’s licensing agency ultimately does. A Purdue or IU student from Illinois, Ohio, Michigan, Florida, New Jersey, or another state may face additional licensing consequences after the Indiana case is reported to the home state.
Most Indiana residents deal with a single licensing authority: the Indiana Bureau of Motor Vehicles.
Out-of-state drivers often have two separate concerns:
These processes do not move at the same speed.
Many people assume delaying the Indiana case is harmless.
For out-of-state drivers, that is not always true.
In some situations, delaying the Indiana case can delay when the home state begins addressing the driver’s license consequences. During that time, the defendant is subject to an Indiana Court Order not to drive.
As a practical matter, that can sometimes extend the overall disruption to driving privileges.
This is one reason many out-of-state drivers are better off resolving the Indiana case promptly.
Purdue and IU attract students from across the country.
Many students hold licenses issued by:
Illinois
Ohio
Michigan
New Jersey
California
Florida
Texas
Other states
These students often live, work, and attend school in Indiana while remaining licensed elsewhere.
Because Indiana and the home state may proceed on different timelines, students should understand the practical consequences before making decisions about the case.
The biggest mistake is assuming the Indiana court controls everything.
It does not.
The Indiana court can address the Indiana criminal case.
The home-state licensing agency may later make its own decisions under that state’s laws.
Indiana cannot directly control Illinois licensing decisions, but Illinois may impose consequences based upon the Indiana case.
Generally, yes. When a person is convicted of OWI, the Indiana BMV will notify the driver’s home-state licensing authority regarding the Indiana case.
Not necessarily. In some situations, delay can create additional practical driver’s license problems.
No. You cannot receive Specialized Driving for an OWI conviction if you have an out-of-State license.
Early planning is often important because timing can affect both the Indiana case and practical licensing consequences.
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.
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