Specialized Driving Privileges After an OWI

Suspended after an OWI arrest? Here is what I can do to keep you driving.

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By Myekeal Wynn, Attorney at Law

Most people charged with OWI need to keep working. Specialized driving privileges are how you stay on the road legally while the case is open and after it ends. This page covers how they work in OWI cases. For every other kind of suspension, see my main page on specialized driving privileges.

Two suspensions, not one

• The administrative suspension. It starts soon after the arrest, based on the chemical test, before anyone decides whether you are guilty. A test result the law treats as evidence of intoxication means up to 180 days, or until the case is resolved, whichever comes first. Ind. Code § 9-30-6-9(c).

• The court-ordered suspension. If there is a conviction, the judge can order a suspension as part of the sentence.

Specialized driving privileges can be requested for both. Ind. Code § 9-30-16-3(a).

If you took the test

If your suspension is based on a failed chemical test, the court may stay the suspension and grant specialized driving privileges. Ind. Code § 9-30-16-3(a). I file the petition in your OWI case and ask for the driving you actually need: work, school, medical care, court, treatment, and childcare.

If you refused the test

A refusal is different. The suspension is one year, or two years with a prior OWI conviction. Ind. Code § 9-30-6-9(b). A person suspended for a refusal is not eligible for specialized driving privileges under the general rule. Ind. Code § 9-30-16-1(a)(2).

There is one path. A court may grant driving privileges if you agree to an ignition interlock device, and even then it is up to the judge. Ind. Code § 9-30-6-8(d). I make that request with a reason the judge can accept: your job, your family, and your record.

What the judge can require

• An ignition interlock device

• Driving limited to specific places, days, and hours

• Proof of future financial responsibility insurance for the whole period. Ind. Code § 9-30-16-3(f).

• Carrying the court order whenever you drive

• Review hearings to check on compliance. Ind. Code § 9-30-16-3(c).

Violating a condition is a Class C misdemeanor, and the court can modify or revoke the privileges. Ind. Code § 9-30-16-5.

Commercial drivers

Specialized driving privileges do not let you operate a vehicle that requires a commercial driver’s license during the suspension. Ind. Code § 9-30-16-3(g). If you drive for a living, call me before your first court date.

If the case ends in your favor

If the underlying case is dismissed, reversed, or ends in an acquittal, the suspension ends. Ind. Code § 9-30-16-3(h). I work the license issue and the criminal case together. See my OWI and DUI page.

Common questions

Can I drive to work after an OWI arrest? Often, yes, with a court order. Do not drive on a suspended license while you wait.

I refused the breath test. Am I out of luck? Not necessarily. A judge can allow driving with an ignition interlock device.

How soon can you file? Once I am in the case, the petition can be filed in the OWI case itself.

Will I need an interlock? In a refusal case, yes. In other cases it depends on the judge and the facts.

Keep your job. Keep driving legally.

Call Wynn. (317) 832-1182

Past results do not guarantee a similar outcome. Contacting Wynn Law does not create an attorney-client relationship.