Being arrested for DUI in Indianapolis can immediately threaten your ability to drive. Even before your court date, the Indiana Bureau of Motor Vehicles (BMV) may suspend your driver’s license if your blood alcohol concentration (BAC) test shows 0.08% or higher, or if you refuse chemical testing. However, Indianapolis DUI defense attorneys can step in quickly to challenge that suspension and protect your driving privileges.
Losing your license can disrupt every part of daily life, from commuting to work to caring for your family and maintaining independence. Skilled Indianapolis DUI defense attorneys evaluate whether police followed proper testing procedures and whether your rights were respected during the stop. If they uncover any errors or constitutional violations, your attorney can file motions to suppress evidence or request a BMV hearing to prevent the suspension from taking effect.
What Triggers a License Suspension After a DUI Arrest in Indiana?
Under Indiana law, two primary types of license suspensions can occur after a DUI arrest: administrative suspensions imposed by the Bureau of Motor Vehicles (BMV) and court-ordered suspensions resulting from a conviction for operating while intoxicated (OWI). The BMV automatically enforces administrative suspensions if you either fail or refuse a chemical test. Meanwhile, court-ordered suspensions are determined by the judge once a conviction occurs and can vary depending on the severity of the offense, prior history, and aggravating factors.
A failed blood alcohol concentration (BAC) test, showing 0.08% or higher, typically leads to a 180-day suspension, while refusing to submit to chemical testing may result in a one-year suspension or longer for repeat offenses. In some instances, license suspensions can extend even further if an accident caused injury or death. However, these penalties aren’t always final. With swift legal action, an attorney can challenge the validity of the stop, the testing procedure, or the accuracy of the results.
Experienced Indianapolis DUI defense attorneys often request an immediate administrative hearing to contest the suspension before it takes effect. During this process, they review police reports, cross-examine the arresting officer, and analyze breathalyzer or blood test records for inconsistencies or calibration issues. By identifying procedural errors or constitutional violations, your lawyer may be able to reduce or overturn the suspension entirely. Taking prompt action after your arrest can make a significant difference in preserving your driving privileges and strengthening your defense strategy moving forward.
Can a Lawyer Help You Keep Driving After a DUI Arrest?
Yes. Indianapolis DUI defense attorneys can often help clients maintain specialized driving privileges (SDPs) while their case is pending, ensuring that a DUI charge doesn’t completely disrupt daily life. These privileges allow limited, court-approved driving for essential activities such as commuting to work, attending school, participating in treatment programs, or caring for dependents who rely on your transportation. For many defendants, obtaining SDPs is crucial to maintaining employment, family responsibilities, and personal stability during the legal process.
To secure these privileges, your lawyer must petition the court under Indiana Code § 9-30-16, providing detailed information about your driving needs, routes, and hours of travel. The petition must also demonstrate that you pose no public safety risk and are committed to complying with all court-imposed restrictions. Courts carefully review each request, and any inaccuracies or incomplete information can result in denial.
An experienced defense attorney ensures your petition is persuasive, accurate, and fully compliant with Indiana’s procedural requirements. They can also advocate for additional conditions that may support your eligibility, such as installing an ignition interlock device or enrolling in alcohol education programs. By taking these proactive steps, Indianapolis DUI defense attorneys help clients preserve limited driving privileges, easing the burden of a suspension while they work to resolve the case and protect long-term driving rights.
How Can a Lawyer Challenge a DUI License Suspension?
A knowledgeable defense lawyer examines every detail of your DUI stop, from the initial traffic stop to how evidence was collected and tested. Common defense arguments include questioning whether:
- Police had a lawful reason to stop your vehicle.
- Field sobriety tests were administered correctly.
- Breath or blood tests were calibrated correctly and documented.
- Officers followed Indiana’s required observation periods before testing.
Even a single procedural mistake can cast doubt on the entire case. If the court agrees that evidence was mishandled or collected unlawfully, the suspension may be dismissed or reduced. Attorneys can also negotiate for early reinstatement or alternative penalties like ignition-interlock programs, allowing you to resume limited driving sooner.
What Are Indiana’s Penalties for a DUI Conviction?
A DUI conviction in Indiana brings serious consequences that go beyond license suspension and can impact your driving record for years. For a first-time OWI, the suspension period typically ranges from 90 days to two years, depending on your BAC level, prior record, and any related traffic violations. Repeat offenders face harsher outcomes, including multi-year suspensions, mandatory ignition interlock devices, and possible jail time.
Courts may credit your administrative suspension toward the total suspension period, but this benefit often depends on how effectively your attorney manages your defense. Without skilled representation, you risk longer suspensions, higher reinstatement fees, and stricter probationary conditions. A defense lawyer experienced in traffic violations and DUI law ensures every available credit, reduction, or program is pursued to minimize disruption to your life.
What Evidence Can Help You Fight a DUI License Suspension?
Strong documentation is critical to challenging a license suspension. Your defense lawyer gathers essential records such as police reports, BAC test results, and dashcam footage to identify errors, procedural violations, or missing evidence that can strengthen your defense and support reinstating your driving privileges:
- Police reports and probable cause affidavits.
- Breathalyzer maintenance and calibration logs.
- Body-cam or dash-cam footage from the stop.
- Witness statements and field sobriety test results.
- Chain-of-custody forms for blood samples.
This evidence allows your lawyer to identify inconsistencies or procedural flaws. For instance, if an officer failed to observe you for the legally required 15 minutes before testing, or if the device’s certification had expired, the results may be deemed unreliable. These findings can be the key to restoring your driving privileges or strengthening your defense in court.
Can You Still Drive After Refusing a Chemical Test in Indiana?
Refusing a certified chemical test triggers an automatic one-year suspension under Indiana’s implied-consent law. However, a lawyer can still contest the refusal by showing that the officer lacked probable cause or failed to properly advise you of your rights. If these procedural errors occurred, your refusal may be ruled invalid, giving you another chance to preserve your license.
Even after a confirmed refusal, you may qualify for specialized driving privileges if your lawyer successfully petitions the court. They’ll outline a detailed plan describing your driving routes, purpose, and compliance measures, helping the judge see your commitment to safety and responsibility.
How Long Does a DUI Suspension Stay on Your Record?
Administrative suspensions stay on record until reinstatement, but a court-ordered suspension after conviction can last several months to several years. Once your suspension ends, it remains visible on your driving record, which may affect insurance rates and future employment screenings.
Fortunately, Indiana law allows some individuals to pursue expungement under Indiana Code § 35-38-9 once eligibility requirements are met. Expungement can help clear older DUI-related suspensions and restore your record to good standing. A defense lawyer can guide you through reinstatement requirements, including payment of reinstatement fees, completion of treatment programs, and proof of SR-22 insurance coverage.
FAQs
How soon can I request a BMV hearing after a DUI arrest?
You must request a BMV hearing within ten days of your DUI arrest. Missing this deadline can trigger an automatic suspension, so acting quickly ensures your right to challenge the suspension and protect your driving privileges.
Can I drive to work while my license is suspended?
Yes. You may qualify for specialized driving privileges with court approval. Your attorney must file a petition proving your need to drive for work, school, or medical purposes and ensure compliance with court-imposed restrictions.
What happens if I drive with a suspended license?
Driving with a suspended license is a criminal offense in Indiana. It can lead to additional charges, longer suspension periods, higher fines, and possible jail time, making legal representation essential to minimize further penalties.
Does installing an ignition interlock device help?
Yes. Installing an ignition interlock device demonstrates compliance and responsibility. Courts often reward this effort by granting restricted driving privileges or reducing your suspension period, allowing you to drive legally while fulfilling court requirements.
How do I reinstate my license after suspension?
To reinstate your license, complete all court-ordered conditions, pay reinstatement fees, and provide proof of SR-22 insurance. Then, apply for reinstatement through the Indiana BMV to restore your driving privileges legally and without delay.
Speak to Experienced Indianapolis DUI Lawyers To Stop Your License From Being Suspended!
Acting quickly after a DUI arrest is essential to protecting your right to drive. The Indiana BMV begins its suspension process almost immediately, leaving you little time to respond. At Eskew Law, our Indianapolis DUI defense attorneys intervene early to request hearings, challenge testing procedures, and expose any errors in the police report that could lead to dismissal or reduction of your suspension.
Our firm understands how much you rely on your driver’s license for work, family, and daily responsibilities. With a record of success defending clients across Marion County, we craft targeted strategies that challenge unlawful stops, contest chemical-test reliability, and secure specialized driving privileges when possible. Early representation gives you the strongest chance to keep your license and safeguard your future.