An Indiana DUI license suspension actually comes in two forms, and both can hit the same driver. After an OWI arrest, the Bureau of Motor Vehicles can suspend your driving privileges administratively within days, before any court rules on your case. If you’re later convicted, the criminal court imposes its own suspension on top of that. The two tracks run independently, so an administrative suspension can stand even if the criminal charges are eventually dismissed.
The Two Suspensions You Face
The administrative suspension is triggered by what happens at the traffic stop, not by a conviction. If you take a certified chemical test and your blood alcohol concentration is .08% or higher, the BMV suspends your driving privileges for 180 days, or until the court disposes of the criminal charges, whichever comes first.1Indiana General Assembly. Indiana Code 9-30-6-9 – Suspension of Driving Privileges
Refusing the test is worse. Under Indiana’s implied consent law, driving on Indiana roads means you’ve already agreed to submit to a chemical test when an officer has probable cause. Refuse, and the BMV suspends your license for one year. If you have a prior OWI conviction, refusal triggers a two-year suspension.1Indiana General Assembly. Indiana Code 9-30-6-9 – Suspension of Driving Privileges
The suspension does not start the day you’re arrested. The BMV mails a notice to the address on file, and the suspension begins seven days after the date of that notice.1Indiana General Assembly. Indiana Code 9-30-6-9 – Suspension of Driving Privileges That short window is the last stretch of unrestricted driving you’ll have for a while, and it’s the time to talk to a lawyer about the options below.
Keeping the Ability to Drive: Interlock and SDPs
Indiana law gives courts a powerful option many people don’t realize exists. Instead of letting the administrative suspension take effect, a judge can order you to install a certified ignition interlock device on your vehicle. When the court issues that order, the BMV does not impose the administrative suspension at all, and no suspension appears on your driving record.2Indiana General Assembly. Indiana Code 9-30-6-8 – Probable Cause, Suspension of Driving Privileges
This works even if you refused the chemical test or failed it. The interlock device prevents the vehicle from starting if your breath alcohol concentration exceeds a set threshold, typically .020. The order stays in place until the criminal charges are fully resolved, and any time spent driving with the interlock counts toward your overall suspension period.3Indiana General Assembly. Indiana Code 9-30-16-1 – Specialized Driving Privileges Getting that order usually requires a court hearing, so raising it early matters.
Indiana also eliminated the old “hardship license” system and replaced it with Specialized Driving Privileges. An SDP is a court order that lets you drive under tight restrictions during your suspension, typically limited to specific routes and times for work, school, medical appointments, or childcare.4Indiana Courts. Special Processes and Procedures – Driving Privileges The court sets every detail: which hours you can drive, where you can go, and whether an interlock is required. Time spent driving with an interlock counts toward your suspension, which is a practical incentive to accept one.3Indiana General Assembly. Indiana Code 9-30-16-1 – Specialized Driving Privileges
Not everyone qualifies. Indiana law bars SDPs for people who have never been an Indiana resident and for those whose suspension stems from a finding that the driver is incompetent or unfit to operate a vehicle.3Indiana General Assembly. Indiana Code 9-30-16-1 – Specialized Driving Privileges People whose sentence resulted from a crash that caused a death are also ineligible.4Indiana Courts. Special Processes and Procedures – Driving Privileges If you refused the chemical test, the statute technically makes you ineligible, but a separate provision allows the court to grant limited privileges if you agree to install an interlock. A common misconception: holding a commercial driver’s license does not disqualify you from SDPs, though you cannot operate commercial vehicles during the suspension.
How to Petition for Specialized Driving Privileges
You get SDPs by filing a verified petition. If your suspension came from a criminal sentence, file it in the same court that imposed the sentence. If the BMV imposed an administrative suspension but no criminal suspension is active, file in a circuit or superior court in the county where you live.5Indiana General Assembly. Indiana Code 9-30-16-3 – Stay of Suspension, Specialized Driving Privileges
The petition must include your name, date of birth, address, the reasons you need to drive, and the specific relief you’re asking for. You must serve copies on both the BMV and the county prosecutor, who represents the BMV in these proceedings.5Indiana General Assembly. Indiana Code 9-30-16-3 – Stay of Suspension, Specialized Driving Privileges A judge reviews it and may schedule a hearing. Be specific about your driving needs. Vague requests get denied. Lay out exact addresses, routes, and time windows for work, medical care, or other essential travel.
Court-Imposed Suspension Lengths After a Conviction
If the criminal case ends in a conviction, the judge imposes a separate license suspension as part of sentencing. Length depends on the severity of the offense and your history.
Indiana classifies OWI as follows:
- Class C misdemeanor: a standard first-offense OWI with no aggravating factors. A BAC between.08% and.14% with no endangerment falls here.6Indiana General Assembly. Indiana Code 9-30-5-2 – Class A Misdemeanor
- Class A misdemeanor: triggered when the driver operates the vehicle in a way that endangers another person. A BAC of.15% or higher also triggers enhanced penalties.6Indiana General Assembly. Indiana Code 9-30-5-2 – Class A Misdemeanor
For a first offense, the court can suspend your license for up to two years. According to the Indiana Criminal Justice Institute, a first conviction commonly results in a minimum 30-day suspension followed by a 180-day probationary period where you can drive only for work purposes.7Indiana Criminal Justice Institute. Impaired Driving
Repeat offenses bring longer suspensions. A second offense carries at least 180 days and up to two years. A third offense carries at least one year and up to ten years. Beyond the suspension itself, convictions can carry jail time, fines up to $5,000 for a first offense (up to $10,000 for repeat offenses), probation, and mandatory substance abuse education.7Indiana Criminal Justice Institute. Impaired Driving
When OWI Becomes a Felony
Most first-offense OWI charges in Indiana are misdemeanors, but certain circumstances push the charge into felony territory. An OWI that causes serious bodily injury to another person where the defendant has a prior OWI conviction within the preceding five years is classified as a Level 4 felony.8Indiana General Assembly. Indiana Code 9-30-5-4 – Classification of Offense, Serious Bodily Injury Other aggravating factors that can elevate the charge to a Level 6 felony include a prior OWI conviction within the last seven years, a child passenger in the vehicle, or a BAC of .15% or higher combined with endangerment. Felony convictions carry significantly longer potential prison sentences and create a permanent criminal record that reaches well beyond the license consequences.
Reinstating Your License
Your license does not come back automatically when the suspension period ends. You have to actively reinstate it through the BMV, and the process involves both fees and proof of insurance.
The reinstatement fee varies depending on the type of suspension. The exact amount appears in the Suspension Information section of your Official Driving Record, which you can access online or by contacting the BMV.9Bureau of Motor Vehicles. Reinstating Your Driving Privileges You can pay online, by phone, at a 24-hour kiosk, or by mail.10Bureau of Motor Vehicles. Suspension Reinstatement and Insurance Forms
You’ll also need your insurance company to electronically file an SR-22 certificate with the BMV. An SR-22 isn’t a special type of insurance. It’s a form your insurer submits to prove you’re carrying liability coverage. Only your insurance provider can file it, and the BMV will not accept policy documents from you directly. The SR-22 must remain on file for the entire required period, and any lapse in coverage can restart the clock.11Bureau of Motor Vehicles. Proof of Financial Responsibility
The Costs That Come With Reinstatement
Expect your auto insurance premiums to climb substantially. National data from ValuePenguin shows that a DUI raises auto insurance rates by roughly 88% compared to a clean driving record, which works out to around $183 more per month for a full-coverage policy. That increase typically sticks for several years.
If the court ordered an ignition interlock device, you’re responsible for the installation and ongoing rental fees. Installation typically runs $75 to $100, with monthly rental fees of $70 to $125. The device also requires periodic calibration visits. These costs accumulate over the months the order remains in place.
How an OWI Affects Travel to Canada
This catches many people off guard. Canada treats impaired driving as a serious criminal offense, and under the Immigration and Refugee Protection Act, a foreign national is inadmissible if convicted of an offense that would be considered indictable under Canadian law.12Justice Laws Website. Immigration and Refugee Protection Act SC 2001 c 27 – Section 36 Because Canadian law classifies impaired driving as a hybrid offense, and the IRPA deems hybrid offenses to be indictable, even a single misdemeanor OWI from Indiana can get you turned away at the border.
If you need to travel before enough time has passed, a Temporary Resident Permit may allow entry for specific purposes such as business travel. After five years from the end of your sentence, you can apply for Criminal Rehabilitation, which is a permanent resolution. If you cross into Canada regularly, an OWI conviction creates a lasting complication you’ll need to plan around.