Operating While Intoxicated (OWI) charges in Indiana can have serious consequences, including the possibility of losing your driver’s license. Whether your license is suspended depends on the specific circumstances of the OWI offense in Northwest Indiana and your prior driving record.
Factors such as your blood alcohol concentration (BAC), the presence of aggravating circumstances, and any previous offenses can all influence how long you may be without driving privileges.
When Indiana Law Requires License Suspension After an OWI
In Indiana, certain OWI convictions carry mandatory license suspensions. The length of time you lose your driving privileges depends on the facts of your case, including your blood alcohol concentration, whether there was an accident, and your prior record. Some suspensions begin right after an arrest, while others are imposed after a conviction in court.
Expect Suspension After Failing a Chemical Test
Failing a breath, blood, or urine test can result in an immediate administrative suspension. The length of this suspension is determined by state guidelines and can vary depending on your test results and history of prior offenses.
Expect Suspension for Refusing a Chemical Test
Under Indiana Code § 9-30-6-1, the state’s implied consent law requires drivers to submit to a certified chemical test when requested by law enforcement. Refusing the test leads to an automatic suspension of your license, even if you are later found not guilty of the criminal OWI charge.
When an OWI With Additional Factors Leads to Longer Suspensions
Under Indiana Code § 9-30-5-3, certain aggravating circumstances can increase the length of a driver’s license suspension well beyond the standard penalty for an OWI. These situations can turn what might otherwise be a misdemeanor into a more serious offense, and the added factors often lead to harsher penalties in court and at the Bureau of Motor Vehicles.
The more severe the facts, the more likely it is that your driving privileges will be restricted for an extended period. Examples of aggravating factors that can increase suspension time include:
- Having prior OWI convictions on your record
- Causing injury or death while driving under the influence
- Driving with a passenger who is a minor at the time of the offense
- Having a blood alcohol concentration significantly higher than the legal limit
When You May Avoid License Loss After an OWI in Indiana
The Indiana Code § 9-30-5-15 allows some drivers to maintain limited driving privileges even after an OWI arrest or conviction. These specialized privileges can let you keep driving to work, school, medical appointments, or other essential destinations. In some cases, changes to the charges or the outcome of your case can help you avoid losing your license altogether.
Expect Eligibility for Specialized Driving Privileges
You may qualify to apply for specialized driving privileges if your license is suspended but you meet certain requirements. The court decides whether to grant them and will outline where, when, and for what purposes you can drive. Approval often depends on factors like your driving history, the nature of the offense, and compliance with court-ordered conditions.
Expect License Retention if Charges Are Reduced or Dismissed
If your charges are reduced or dismissed, your license may not be suspended. For example, a felony OWI reduced to a misdemeanor could change your eligibility for specialized driving privileges and limit the length of any suspension. Plea agreements and case outcomes can directly affect whether you keep some or all of your driving rights.