Driving after a DUI in Indiana: the Specialized Driving Privileges

The first days: the administrative suspension and the hearing deadline

In most states the licensing agency suspends the license at arrest, separately from any court case, and the driver has a short window to request a hearing on that suspension. Missing it lets the suspension take effect without review.

Indiana has no agency hearing. IC 9-30-6-7(b): the arresting officer takes the license and issues a receipt valid until the initial hearing held under IC 35-33-7-1. At the initial hearing the court, on finding probable cause, recommends immediate suspension effective the date of the order (IC 9-30-6-8(c)), and the BMV mails notice that the suspension (180 days for a failed test; one year for a refusal, two years with a prior OWI conviction) commences seven days after the notice or on the date of the court order, whichever is first, and notifies the person of the right to judicial review (IC 9-30-6-9(d)). IC 9-30-6-10: the person 'is entitled to a prompt judicial hearing' by filing a written, verified petition alleging specific facts contradicting the probable cause affidavit, in the court where the charges are pending; the hearing is limited to probable cause and whether the person refus

“A person against whom an ignition interlock device order has been issued under section 8.5 of this chapter or whose driving privileges have been suspended under section 9 of this chapter is entitled to a prompt judicial hearing.”

Who can get it, and how soon

Under IC 9-30-16-3 a court that ordered a suspension, or that imposed the probable-cause suspension under IC 9-30-6-9(c) after a failed chemical test, may stay the suspension and grant specialized driving privileges on terms it determines; the BMV states 'If the motorist is eligible, the court may issue an order for specialized driving privileges.' IC 9-30-16-1(a) makes ineligible a person who has never been an Indiana resident, a person seeking privileges for a suspension based on refusal of a chemical test (a court may instead grant driving privileges under IC 9-30-6-8(d), an ignition interlock order), a person suspended as incompetent under IC 9-24-10-7(b)(2)(A), and school-bus-passing suspensions; a person convicted of an offense causing death is not eligible (IC 9-30-16-2(c)); a person previously granted SDP with more than one violation conviction may not receive a stay (IC 9-30-16-

“If a court orders a suspension of driving privileges under this chapter, or imposes a suspension of driving privileges under IC 9-30-6-9(c), the court may stay the suspension and grant a specialized driving privilege as set forth in this section.”

After a failed test the court finds probable cause at the initial hearing and recommends immediate suspension effective on the date of the order (IC 9-30-6-8(c)); the BMV then suspends for 180 days or until the court reports the charges disposed of, whichever is first (IC 9-30-6-9(c)). Under IC 9-30-16-1(g) (added by P.L.158-2026), if the person tells the court at the initial hearing that they intend to petition for specialized driving privileges, the court shall stay the suspension at the initial hearing, not send the probable cause affidavit to the BMV, and set an SDP hearing within 30 days; the petition must be filed within 10 days after the initial hearing or the stay is lifted and the affidavit is sent for automatic suspension. Alternatively, IC 9-30-6-8(d) lets the court, instead of any suspension, order that the person drive only a vehicle with a registered ignition interlock devi

“stay the suspension of the person's driving privileges at the initial hearing and shall not submit the probable cause affidavit related to the person's offense to the bureau; and (B) set the matter for a specialized driving privileges hearing not later than thirty (30) days”

Conditions attached to the privilege

IC 9-30-16-3(b): a verified petition stating age, date of birth, address, grounds and relief sought, filed in the court case that resulted in the suspension (in each court that ordered or imposed a suspension) and served on the BMV and the prosecuting attorney; for a BMV administrative suspension the petition is filed in a circuit or superior court of the county of residence (IC 9-30-16-4), and the Indiana Office of Court Services says such petitions are opened as an MI case with civil filing fees assessed. IC 9-30-16-3(f): the holder must maintain proof of future financial responsibility insurance during the privileges, carry a copy of the order or keep it in the vehicle, produce it on request of a police officer, and carry a valid state ID or driver's license; the BMV Driver's Manual states an effective SR22 must be kept on file with the BMV for the duration of specialized driving priv

“An individual who has been granted specialized driving privileges shall: (1) maintain proof of future financial responsibility insurance during the period of specialized driving privileges; (2) carry a copy of the order granting specialized driving privileges”

Where and when it allows driving

As stated in IC 9-30-16-3(c)-(d), specialized driving privileges are granted for a period determined by the court, the court may set periodic review hearings, and 'The terms of specialized driving privileges must be determined by a court'; the statute states no fixed purpose, hour or geographic limits for OWI cases (the residence-to-workplace limit in IC 9-30-16-3.5 applies only to worksite speed-limit suspensions). Operating a vehicle that requires a CDL is prohibited for the suspension period. Knowingly violating a condition is a Class C misdemeanor and the court may modify or revoke the privileges (IC 9-30-16-5).

“shall be granted for a period of time as determined by the court. A court, at its discretion, may set periodic review hearings to review an individual's specialized driving privileges. (d) The terms of specialized driving privileges must be determined by a court.”

How it is issued

A court issues the Specialized Driving Privileges by order, which is then presented to the licensing agency.

Official page: secure.in.gov

The statute: Ind. Code § 9-30-16-3

“An individual who seeks specialized driving privileges must file a petition for specialized driving privileges in each court that has ordered or imposed a suspension of the individual's driving privileges.”