No, the actual license suspension does not happen immediately. While the arresting officer will physically confiscate your plastic driver’s license at the scene, he or she must provide you with a paper receipt that acts as a temporary driving permit, valid only until the initial court hearing.
During this hearing, the judge will review the DUI charge. If the court finds probable cause, it can order the Bureau of Motor Vehicles (BMV) to enforce an administrative license suspension even if the case is not yet resolved.
What triggers an administrative license suspension?
In Indiana, a person’s driving privileges can be suspended for two reasons:
- Failing a chemical test: If a driver’s blood alcohol content (BAC) measures 0.08% or higher, the BMV can suspend their license for 180 days.
- Refusing a chemical test: Not submitting to breath, blood or urine testing can carry a harsher consequence than failing it. A driver will face a one-year suspension if it is the first offense, and two years if they have a prior DUI record.
The latter can trigger a suspension of your license because of Indiana’s implied consent law. This rule states that when you drive on state roads, you have implicitly agreed to chemical testing if law enforcement suspects impairment.
How can you get your license back?
A driver can request specialized driving privileges during their initial hearing. The court can grant these for specific reasons, such as work, school or medical appointments.
To qualify, drivers may need to install an ignition interlock device (IID) on their vehicle. If the driver refused a chemical test, the IID is mandatory. If the driver failed the test, the IID is left entirely to the judge’s discretion.
There are ways to get back on the road
For most people, driving is a necessity. It is how they get to work, drive their kids to school or go to crucial medical appointments. However, it is not advisable to drive with a suspended license. It can lead to additional fines, possible jail time and extended suspension periods.
If you or your loved one is facing a DUI charge, it is important to understand your options for getting back behind the wheel. Professional legal help is available to clarify your specific situation.