DUI.lawDUI.law

The licence case

Licence suspension after a DUI arrest in Indiana

The licence proceeding has its own deadlines. Check the applicable notice or order, not just the criminal court date.

Hearing review in Indiana: the cited procedure below carries its own scope and conditions. Check those against the notice or order for your proceeding; this page does not select a deadline for your case.

Hearing procedure under the cited rule
File a written, verified petition alleging specific facts that contradict the probable cause affidavit, in the court where the DUI charges are pending or, if none have been filed, in a court of the county where the alleged offense occurred.
Verified IC 9-30-6-10Official source (opens in a new tab)

The window

Suspension under the cited rule
For chemical-test evidence of intoxication under this section: 180 days, or until BMV is notified that the court has disposed of the charges, whichever happens first.
  • This section does not apply when the specified ignition-interlock order under § 9-30-6-8(d) is issued. A conviction can have separate license consequences.
Verified IC 9-30-6-9Official source (opens in a new tab)
Suspension length after a refusal
Under the ordinary implied-consent section: one year for refusal, or two years with at least one prior OWI conviction, unless the suspension is ordered terminated under IC 9-30-5.
  • The section excludes cases with the specified ignition-interlock order under § 9-30-6-8(d). The separate accident-testing statute has its own conditions.
Verified IC 9-30-6-9Official source (opens in a new tab)

What happens if the window closes

The effect of a missed hearing-request deadline depends on the proceeding and the applicable law. This page does not determine whether review is still available or whether a particular licence restriction applies. A defence lawyer can review the notice or order and explain the available procedures.

Whether Indiana offers a restricted licence in that situation, and on what conditions, is a state-specific question:

Hardship or restricted licence
Not published yet. We show a figure only once it has been confirmed against the official source and dated.
Ignition interlock, first offense
Not published yet. We show a figure only once it has been confirmed against the official source and dated.

How the two cases relate

A licence restriction may arise from a test result, a refusal or a criminal conviction. Those are not interchangeable grounds. The source and conditions attached to each rule matter; this page does not predict how one proceeding will affect another in a particular case.

The two legal questions

The criminal charge and driving privileges can involve different proceedings. The notice, order and cited rule identify the applicable process.

Driving privileges

The licence case

Forum
The agency or court identified by the applicable licence proceeding
Clock
Check the applicable notice or order for the deadline and its starting event
Deadline to request a hearing
Not published yet. We show a figure only once it has been confirmed against the official source and dated.Check the suspension notice or order and the licensing agency’s official instructions. Do not rely on the criminal court date.
Suspension under the cited rule
For chemical-test evidence of intoxication under this section: 180 days, or until BMV is notified that the court has disposed of the charges, whichever happens first.
  • This section does not apply when the specified ignition-interlock order under § 9-30-6-8(d) is issued. A conviction can have separate license consequences.
Verified IC 9-30-6-9Official source (opens in a new tab)

Criminal charge

The criminal case

Forum
A criminal court
Clock
Check court notices and orders; no case duration is predicted here
Alcohol-concentration threshold
Not published yet. We show a figure only once it has been confirmed against the official source and dated.
First-offense penalty rule
Not published yet. We show a figure only once it has been confirmed against the official source and dated.The cited rule may describe a range or a minimum with conditions, not a predicted sentence.