Indiana’s probationary license restrictions apply to every driver under 21 for the first 180 days after the license is issued. During that window you cannot drive between 10 p.m. and 5 a.m., you cannot carry passengers who aren’t close family unless a qualifying adult is in the front seat, and you cannot use a phone behind the wheel for anything short of a 911 call. Violations are Class C infractions, and a judge can suspend your license for up to a year on top of any fine.
Nighttime Driving Hours
You can’t be behind the wheel between 10 p.m. and 5 a.m. during the 180-day probationary period. Three exceptions are written into the statute: driving to or from work, to or from a school-sanctioned activity, or to or from a religious event. The fourth way to drive during those hours is to have a licensed driver at least 25 years old riding in the front passenger seat, or your spouse in the front seat if they are at least 21 and hold a valid license.1Indiana General Assembly. Indiana Code 9-24-11-3.5 – Operation of Vehicle During Probationary Period
Nothing else counts. Running late, giving someone a ride home, or heading to a friend’s house after 10 p.m. is not covered.
Who You Can Have in the Car
The passenger rule catches new drivers off guard. For 180 days, every passenger in your vehicle has to fall into one of two categories.
- Immediate family: your children or stepchildren, siblings (including half-siblings and stepsiblings), spouse, parents, legal guardians, or grandparents.
- A qualifying supervisor in the front seat: a licensed driver at least 25 years old, or your spouse if they are at least 21 and hold a valid license.
In practical terms, you cannot drive friends anywhere during the first 180 days unless a qualifying adult is riding up front with you.1Indiana General Assembly. Indiana Code 9-24-11-3.5 – Operation of Vehicle During Probationary Period Cousins, boyfriends, girlfriends, teammates, coworkers — none of them qualify as family for this rule.
The Cell Phone Rule Is Absolute
Probationary license holders cannot use any telecommunication device while driving. The only exception is placing an emergency 911 call. Hands-free doesn’t help; the rule applies regardless of setup.2Indiana Bureau of Motor Vehicles. Probationary Driver’s License This is stricter than what Indiana requires of adult drivers, so it’s easy to assume the general rule applies when it doesn’t.
Zero-Tolerance Alcohol Rule
The alcohol rule for drivers under 21 sits alongside the probationary restrictions and is worth knowing. A blood alcohol concentration of 0.02 percent or higher is a Class C infraction, far below the 0.08 percent limit that applies to adult drivers.3Indiana General Assembly. Indiana Code 9-30-5-8.5 – Class C Infraction, Person Less Than 21 Years of Age Driving Under the Influence A single drink can put you over that line depending on your body weight. The court can also recommend a license suspension of up to one year. At 0.08 or above, the charge becomes operating a vehicle while intoxicated — the same criminal offense an adult would face, with potential jail time attached.
What Happens If You Violate a Restriction
A violation of your probationary license conditions is a Class C infraction. The maximum fine is $500. If you admit to the violation on or before your court date, the judgment is capped at $35.50 plus court costs. Contesting the ticket and losing raises the exposure: $35.50 for a first violation in that county within five years, $250.50 for a second, and up to the $500 ceiling if you already have two or more moving violations in the past five years.
The bigger risk is the suspension. A judge can take your driving privileges for up to one year, and the statute leaves the length entirely to the court’s discretion. There is no automatic 30- or 60-day schedule.4Indiana General Assembly. Indiana Code 9-30-5-6 – Class C Infraction, Violation of Probationary License
Points and the Driver Safety Program
Indiana assigns points to moving violations based on severity, from zero up to ten. Points stay active on your record for two years from the conviction date.5Indiana Bureau of Motor Vehicles. Driver Record Points For drivers under 21, a second point-carrying conviction triggers a mandatory BMV-approved Driver Safety Program. You have 90 days to complete it. Miss that deadline and the BMV suspends your driving privileges.6Indiana Bureau of Motor Vehicles. Indiana Driver’s Manual Chapter 5 – Points, Suspension, and Insurance Requirements
Insurance
Insurers review your driving record when setting premiums, and a single infraction on a young driver’s record can produce a noticeable rate increase that lasts for years. Indiana requires that rates not be excessive, inadequate, or unfairly discriminatory, but insurers still have wide latitude in pricing individual risk.7Justia. Indiana Code 27-1-22 – Regulation of Insurance Rates
If You’ve Already Been Cited
The most productive defense is usually a factual one. If the citation is for driving during restricted hours, the questions are whether the officer had the time right and whether you fit one of the statutory exceptions. A work schedule, an event flyer, or a text from a coach confirming a late practice can be decisive.
The probationary license statute does not include an emergency exception. Indiana courts recognize the common-law necessity defense, which requires showing an immediate threat to life or safety and no reasonable alternative to driving. Medical records, 911 logs, or a police report from the same night support the argument. Inconvenience is not enough.
In some counties, a prosecutor will agree to reduce the charge or accept completion of a driving safety course in exchange for a lesser penalty, particularly for a first violation. A local attorney can tell you which options are realistic in the court handling your case.
A Note for Parents
Any driver under 18 needs a parent, guardian, or other responsible adult to sign the license application. That signature makes the signer jointly and severally liable for injury or damage the minor causes while driving, meaning an injured party can pursue the full amount from the signer directly.8Indiana Bureau of Motor Vehicles. Agreement of Financial Liability Indiana specifies an order for who signs: custodial parent, then noncustodial parent, then legal guardian, then any other willing adult. Before signing, confirm that your auto policy covers the new driver at limits you’re comfortable with if something goes wrong.