An OWI arrest can affect your ability to drive before your criminal case is over. In Indiana, DUI is usually called OWI, or Operating While Intoxicated. Losing your license can make it hard to get to work, care for your family, or handle everyday errands. A Northwest Indiana OWI/DUI lawyer from The Law Office of Joseph M. Roberts LLC can help you understand how an OWI charge may affect your criminal case and driving privileges.
Why Your License Can Be Suspended After an OWI Arrest
You do not always have to be convicted of OWI before losing your driving privileges. Indiana has an implied consent law. This generally means that drivers suspected of OWI may be required to submit to a certified chemical test.
If you refuse a certified chemical test, your license can be suspended for one year. If you take a certified breath test and it shows a blood alcohol concentration of .08% or higher, your license can also be suspended before you are convicted. Indiana currently lists a minimum suspension of 30 days in that situation. These early license consequences are separate from penalties that may be imposed if you are later convicted of OWI.
What Happens to Your License After an OWI Conviction
An OWI conviction can lead to an additional license suspension. The length depends on the offense and your prior record.
For example, Indiana states that a license may be suspended for up to two years for a first OWI conviction. Repeat offenses can bring longer minimum suspension periods and other penalties. Because the penalties depend on the facts of the case, two people charged with OWI may face very different license consequences.
How a Suspension Can Affect Your Daily Life
If you lose the ability to drive can quickly become a major problem, you may need transportation to work, school, childcare, medical appointments, or the grocery store. You may also have trouble meeting family duties or keeping a job that requires regular travel or a valid driver’s license.
It is also important not to simply continue driving after a suspension. Doing so can create additional legal and license problems. Fortunately, some drivers may have a way to get back behind the wheel legally.
Can You Get Specialized Driving Privileges?
Indiana allows some people with suspended licenses to ask the court for specialized driving privileges. These have also been called hardship licenses or work permits. A judge can place limits on when, where, and why a person may drive. The court may also require certain conditions, including an ignition interlock device in some OWI cases.
Eligibility depends on the type of suspension and your circumstances. Indiana also has special rules for suspensions involving refusal of a chemical test. The court will review the facts of your situation before deciding what driving limits or conditions should apply.
How an Indiana Criminal Defense Lawyer Can Help
License suspension rules can be confusing, especially when you are also dealing with an OWI charge. An Indiana criminal defense lawyer can review the traffic stop, chemical testing, and reason for the suspension. A lawyer can also determine whether you may qualify for specialized driving privileges and help you petition the court when appropriate. If an OWI arrest has put your license at risk, contact The Law Office of Joseph M. Roberts LLC to discuss your case and your options for protecting your driving privileges.