Can I drive while my OWI or DUI case is pending?
In Indiana, your Indiana license can be suspended while your DUI case is pending under Indiana law. However, all is not lost, as you may still be eligible to drive legally. You may be eligible for Specialized Driving Privileges (SDP), also known as a hardship license, which allows you to legally drive even if the Judge suspends your driver’s license. SDP allows limited driving for specific, necessary purposes, such as to and from work, school, to pick up children, attend Court or medical appointments, all while your case is pending. To obtain SDP, Wruble Law will file a petition for specialized driving request with the circuit or superior court before the judge officially suspends your license.
During our 27 years of experience, Wruble Law LLC has filed hundreds of successful petitions for SDP, helping suspended drivers get back on the road. If you are eligible, we can use our experience to seek SDP on your behalf. With that said, you only have a limited amount when seeking specialized driving privileges (SDP) after a DUI arrest in Indiana, so we strongly encourage you to contact our Indianapolis DUI lawyer right away during the suspension period.
What You Need to Know About SDP After a DUI Arrest in Indiana
If you think you may be interested in obtaining specialized driving privileges while your DUI case is pending, here is an overview of what you need to know:
1. How SDP Works Under Indiana Code Title 9, Article 30, Chapter 16
Initial Hearing
At the initial hearing, the judge will typically have an active court-ordered suspension of the person’s driving privileges if he or she finds there is “probable cause” and the judge of the court decides that they committed the offense of OWI or DUI.
Request for SDP
If the judge decides that the individual’s driving privileges should be suspended, Wruble Law will file one petition with the superior court of the appropriate county, requesting SDP before the suspension is finalized (and before the initial hearing if we are retained that early). This petition for grant driving privileges is filed as relief sought so that you may have a permit, driving for work, childcare, school, etc., will be allowed.
Court Action
As long as we are able to file your petition on time, the judge must wait at least 10 days before finalizing your driver’s license suspension. This will give us additional time before the court hearing to negotiate the terms of your SDP in Indiana courts.
Judge’s Decision
The judge has broad discretion whether to grant SDP and what specific conditions to impose, such as requiring an ignition interlock device(IID). We will make strenuous arguments as to why you should be allowed SDP so you can live your life while your DUI case is pending, consistent with public safety.
2. What SDP Allows:
Necessity for Driving a Motor Vehicle
SDP typically allows you to drive for work, school, medical appointments, childcare, court dates, lawyer meetings, and other essential activities to specific locations. If you receive SDP, it will be important to maintain proof of your permitted routes and make sure you know exactly what is (and isn’t) allowed according to the strict rules so that you do not accidentally violate the terms of the court order granting your SDP.
Ignition Interlock Device Installed
In some alcohol-related DUI cases, an IID may be required as part of your SDP. The IID is a breathalyzer device that prevents your car from starting if it detects alcohol on your breath. If the judge allows you to drive with an IID, you will be required to have the device installed at your expense, and you will need to pay for monthly monitoring. If you try to circumvent your IID, if a driver fails the breath test, or registers a prohibited breath alcohol concentration (BAC), this can have serious consequences and result in a current suspension or revocation of privileges.
3. Key Considerations:
Time is of the Essence
You must act quickly and file the request for SDP before the judge formally suspends your license. If you wait too long, you won’t be able to obtain a restricted license while your DUI case is pending. As a result, we strongly recommend that you contact an Indianapolis specialized driving privileges attorney from Wruble Law immediately, which includes individuals previously classified as a habitual traffic violator or involved in repeated traffic violations or traffic tickets.
Violation
Violating the terms of your SDP is a crime and can result in penalties regardless of whether you are ultimately found guilty of DUI in court. The judge may also revoke your SDP. This is why, as we said above, it is critical to make sure you have a clear understanding of what is (and isn’t) allowed if you receive SDP.
Insurance
Judges often require increased auto insurance coverage when granting SDP. This increased coverage can be expensive, so you will want to make sure you can afford it before you go through the process of seeking SDP. Keep in mind that you may need to incur other costs (i.e., costs for an IID) to obtain a restricted license as well.
Required Documents
You must carry the signed order granting SDP with you in your vehicle when driving. If you receive SDP, we recommend keeping the order in your glovebox, handling it with utmost care, and making a copy to keep at home just in case you need it.
Are You Eligible for Specialized Driving Privileges (SDP)?
Importantly, while specialized driving privileges (SDP) are generally available to individuals who are facing DUI charges in Indiana, as long as they take action in time, there are exceptions, as not everyone is eligible for SDP. For example, you generally are not eligible for SDP if:
- You are not (and have never been) an Indiana resident
- You refused to take a BAC or chemical test during your DUI stop
- You have been previously granted specialized driving privileges in an offense involving serious bodily injury or death and have two or more criminal convictions for SDP violations
- The Indiana Bureau of Motor Vehicles (BMV) has imposed a current suspension or revoked your Indiana driver’s license after deeming you incompetent or unfit to operate a motor vehicle
- You have a suspended license because you illegally passed a school bus
With that said, it is important not to make any assumptions about your legal rights. Even if you think that you may not be eligible for SDP based on one (or more) of the factors listed above, we still encourage you to contact us for a free consultation. We can help you make informed decisions based on your specific circumstances; and, if we have any grounds to do so, we can work to secure SDP on your behalf.
Do You Need an Indianapolis DUI Lawyer to Request SDP?
If you are at risk of losing your driver’s license due to a DUI arrest in Indiana, do you need a specialized driving privileges attorney to request SDP with a prosecuting attorney? Or, can you handle your SDP request on your own?
Technically, you are not required to hire an attorney to represent you. You have the right to represent yourself in court if you choose to do so. However, while you can handle your SDP request on your own, this doesn’t mean that you should. Here are just some of the reasons why:
- Filing an SDP request is a time-sensitive formal legal process. If you make any mistakes when preparing or filing your request, you can lose your driving privileges unnecessarily.
- It may be possible to substantially expand the scope of your SDP by negotiating. However, you need to know what you can (and can’t) negotiate, and you need to be able to negotiate effectively.
- After dealing with your SDP request, you still need to deal with the matter of your pending DUI. Drunk driving charges carry substantial penalties in Indiana, and it will be important to have an experienced attorney who is familiar with your case on your side.
Contact an Indianapolis Specialized Driving Privileges Lawyer
Would you like to know more about seeking SDP after a DUI arrest in Indiana? If so, we encourage you to get in touch promptly. Call 317-308-8584 or contact us online for a free consultation today.