Indiana’s specialized driving privileges let a person with a suspended license drive under conditions set by a court. To get them, you file a verified petition in the correct court, show you are eligible, and then follow every condition the order imposes.1Justia. Indiana Code § 9-30-16-3
Who Can and Cannot Get Them
Eligibility turns on the offense behind the suspension and on a few categorical bars. A person convicted of an offense that caused the death of another person is not eligible. Cases involving serious bodily injury may still qualify for court-ordered relief.2Justia. Indiana Code § 9-30-16-2
Other drivers are also ineligible, including people who have never been Indiana residents and individuals who refused a chemical test for intoxication.3Justia. Indiana Code § 9-30-16-1 Beyond those bars, a judge reviews the details of the case and your driving history before deciding.
Where and How to File
Where you file depends on who suspended your license. If the Bureau of Motor Vehicles issued an administrative suspension, you generally file in your county of residence. If a court ordered the suspension, you file in the specific court that issued it.4Justia. Indiana Code § 9-30-16-4
The petition must be verified and must include:4Justia. Indiana Code § 9-30-16-4
- Your current age
- Your date of birth
- Your current residential address
- The specific grounds for relief and what you are asking the court to grant
If you state at an initial hearing that you intend to seek these privileges, the court may be required to schedule a hearing on the request within 30 days.3Justia. Indiana Code § 9-30-16-1 If the court grants the petition, its order sets the specific terms of your driving.1Justia. Indiana Code § 9-30-16-3
Conditions You Must Follow If Granted
The court decides the conditions and can tailor them to the situation. Certain traffic offenses limit driving strictly between home and work, but the court otherwise has broad authority to set terms it considers appropriate.1Justia. Indiana Code § 9-30-16-35Justia. Indiana Code § 9-30-16-3.5
The court may require an ignition interlock device, which prevents a vehicle from starting if it detects alcohol.6Justia. Indiana Code § 9-30-5-167Justia. Indiana Code § 9-30-16-5 You must also keep an effective SR-22 insurance filing on record with the BMV for the entire time the privileges are active.8Indiana Bureau of Motor Vehicles. Endorsements and Restrictions
When you drive, carry a valid driver’s license reflecting Restriction 5, and carry a copy of the court order granting the privileges. You must show that order to law enforcement if you are stopped.8Indiana Bureau of Motor Vehicles. Endorsements and Restrictions
What Happens if You Violate the Terms
Knowingly or intentionally breaking the conditions in the order is a Class C misdemeanor. Common violations include driving at unauthorized times or on routes the order does not permit.7Justia. Indiana Code § 9-30-16-5
A prosecuting attorney can notify the court of a suspected violation. If the court finds the rules were broken, it can modify the privileges or revoke them, and it can order the BMV to lift the stay and reinstate the original suspension.7Justia. Indiana Code § 9-30-16-5