Learn What You Need to Know About Driving After a DUI or OWI Arrest from an Experienced DUI Lawyer
If you’ve been arrested for driving under the influence in Indiana, you probably have questions about your ability to drive going forward. Are you allowed driving after DUI Indianapolis residents ask? What if you aren’t allowed to drive a motor vehicle? What if you drive despite your DUI license suspension?
An Experienced Driving After DUI Indianapolis Lawyer Explains the Consequences of Driving After a DUI or OWI
These are all important questions—and they don’t necessarily have straightforward answers. Whether you can drive after a DUI or OWI in Indiana depends on the specific facts of your DUI case, including any prior convictions. With this in mind, here’s an introduction from a DUI lawyer about what you need to know:
5 Legal Consequences of Driving after a DUI Arrest or OWI Arrest in Indiana
Getting arrested for drunk driving or being intoxicated while operating a vehicle in Indiana can potentially have five driving-related penalties, aside from other legal consequences such as jail time and community service. Some of these consequences are unavoidable under Indiana law, while others are within the judge’s discretion after facing an initial hearing.
Under Indiana’s DUI law, the potential penalties for driving after a drunk driving arrest include:
1. Loss of Driving Privileges Under the Implied Consent Law
When the police pull you over on suspicion of drunk driving in Indiana, an officer must establish probable cause, and you must comply with the state’s implied consent law. This law states that you are required to submit to a certified chemical test of blood alcohol concentration (BAC), which typically means taking a breath test on the side of the road.
If your BAC is 0.08% or above the legal limit, you will receive a notice for driver’s license administrative suspension for a minimum of 30 days. If your refusal to take a breath or blood test is in violation of the implied consent law, your license will be automatically suspended for one year. As discussed below, driving after DUI arrest or on a suspended license can have additional penalties.
2. Driver’s License Suspension for a DUI or OWI Conviction
In addition to facing a driver’s license suspension under Indiana’s implied consent law, you can also face a license suspension if you are convicted of DUI or OWI in court based on your breathalyzer test, urine testing, or any other evidence. For a first offense or second offense, you can lose your license for up to two years (and a 180-day restricted driving license after an OWI or DUI is mandatory for a second offense). If you plead guilty or are found guilty on the third DUI charge, including through a plea agreement, you could face driver’s license suspension of up to 10 years and exposure to a class C misdemeanor or higher offense.
3. Mandatory Ignition Interlock Device (IID) Installation
Depending on the facts of your case and any previous DUI conviction, the judge may also require you to install an ignition interlock device (IID) in your vehicle as a condition of having your driver’s license reinstated after operating a vehicle while intoxicated. If you are required to install an IID, you will need to do so at your expense, and you will need to blow into the IID every time you drive.
4. Costs to Reinstate Your Driver’s License
Regardless of whether the judge requires you to install an IID, you will face costs when it comes time to reinstate your driver’s license. Reinstatement fees vary depending on your driving record and any prior convictions, but in all cases, they can add hundreds of dollars to the total cost of your DUI or OWI.
5. Increased Auto Insurance Premiums
Even more costly than having your driver’s license reinstated is paying for car insurance after DUI or OWI in Indiana. Your insurance premiums will go up significantly, costing you thousands of dollars over several years and adding additional penalties beyond the court. This is commonly referred to as SR-22 or SR-50 insurance, and it is far more expensive than insurance for drivers who have clean records.
Additional Consequences of Driving on a Suspended License When Facing Charges for an Alleged DUI Offense
As we mentioned above, these are not the only potential consequences of driving on a suspended license when facing a DUI charge (or when you have one or more prior DUI charges on your record and are still serving your suspension). For both first-time DUI offenders and repeat offenders, getting caught driving on a suspended license can have other consequences as well. Along with fines and court fees, these include the consequences of having another charge on your criminal record. Having multiple convictions (or even charges) on your record can have severe consequences in many areas of your life—from your education to your employment. This is true for all types of charges related to impaired driving and illegal substance use.
Seeking a “Hardship License” (Specialized Driving Privileges) After a DUI or OWI
As a general rule, driving after DUI Indianapolis charges or OWI charges has been implemented is not allowed since your driver’s license is suspended. However, there is one major exception that can happen: You may be able to qualify for a “hardship license” or “Specialized License Privileges (SDP)” if the court agrees to grant specialized driving privileges.
If you need to reclaim driving privileges to get to work, get to school, or take care of yourself or a loved one, you may be able to obtain a hardship license that allows you to go behind the wheel for limited purposes. Specific eligibility requirements and paperwork apply, and seeking a driving permit after DUI or OWI involves filing a petition with the appropriate court. A dedicated driving after DUI Indianapolis attorney can provide the legal assistance you need if you are facing these consequences. The legal process is complicated, and executing a sound defense strategy is key. This makes it imperative to work closely with an experienced lawyer who can fight your criminal case by all means available.
What if You are Driving After a DUI Conviction with a Suspended License?
Let’s say your driver’s license is suspended due to a DUI or OWI and you decide to drive and ignore the revocation anyway. What are the risks involved?
At a minimum, knowingly driving on a suspended license is a Class A misdemeanor. However, if you cause an accident, whether resulting in serious bodily injury or not, while driving on a suspended license, you could be charged with a Level 5 or Level 6 felony. If you cause an accident while driving under the influence, causing DUI-related injuries can lead to felony charges as well. These are serious charges that carry serious legal consequences—and these are consequences that you can (and should) avoid by complying with the law. With that said, if it is too late to avoid an arrest, you will need to be prepared to fight for a “Not guilty” verdict by all means available.
Contact Wruble Law to Request a Free Consultation Today With a DUI Attorney in Indianapolis
If you need to know more about the consequences of facing DUI or OWI matters in Indiana from an experienced DUI attorney with a unique perspective, we invite you to get in touch and begin building your defense. Attorney Stan Wruble represents all individuals who are facing DUI and OWI-related charges in Indiana’s criminal justice system, including underage drivers and commercial drivers. Call us at 317-308-8584 or contact us online to schedule a free initial consultation today.