Specialized Driving Privileges Lawyer in Indiana

License suspended? There may be a legal way to keep driving.

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By Myekeal Wynn, Attorney at Law

Specialized driving privileges, often called SDP, are a court order that lets you drive during a suspension, on terms the judge sets. They replaced the old hardship license. They are not automatic. You have to ask the right court, in the right way, and show the judge why.

What specialized driving privileges are

When a court orders a suspension, it may stay the suspension and grant specialized driving privileges instead. Ind. Code § 9-30-16-3(a). The judge decides the terms and how long they last, and can set review hearings. Ind. Code § 9-30-16-3(c), (d).

Who can ask: more than OWI cases

• A suspension ordered by a court as part of a criminal or traffic case. This includes suspensions after an OWI conviction. Ind. Code § 9-30-16-3(a).

• A suspension for failing a chemical test. The suspension that starts when a breath or blood test shows evidence of intoxication. Ind. Code § 9-30-16-3(a), 9-30-6-9(c).

• A suspension imposed by the Bureau of Motor Vehicles and not by a court. An administrative suspension can be taken to a court by petition. Ind. Code § 9-30-16-4(a).

• Certain other suspensions. The chapter also covers some habitual traffic violator cases and specific traffic-offense suspensions. Ind. Code § 9-30-10-14.2, 9-30-16-3.5.

If you are not sure which kind of suspension you have, I pull your driving record and tell you.

Who is not eligible

• A person who has never been an Indiana resident. Ind. Code § 9-30-16-1(a)(1).

• A person suspended for refusing a chemical test. A court may still grant driving privileges with an ignition interlock device, and that decision is up to the judge. Ind. Code § 9-30-16-1(a)(2), 9-30-6-8(d).

• A person who was granted specialized driving privileges before and has more than one conviction for violating them. Ind. Code § 9-30-16-3(e).

• A few other specific suspensions listed in the statute. Ind. Code § 9-30-16-1(a).

How the petition works

You file a verified petition in each court that ordered a suspension. Ind. Code § 9-30-16-3(b). The petition has to:

• State your age, date of birth, and address

• State the grounds for relief and what you are asking for

• Be filed in the case that resulted in the suspension

• Be served on the Bureau of Motor Vehicles and the prosecutor

More than one suspension can mean more than one petition, in more than one county. I handle all of them.

The rules once you have them

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

• Carry a copy of the order, or keep it in the vehicle, and show it to an officer on request.

• Drive only as the order allows: the places, times, and vehicle the judge approved.

• A commercial driver cannot use specialized driving privileges to operate a vehicle that requires a CDL. Ind. Code § 9-30-16-3(g).

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

Specialized driving privileges after an OWI

OWI cases have two separate suspensions and special rules for refusals. See specialized driving privileges after an OWI and my OWI and DUI page.

Common questions

Is this the same as a hardship license? It is what Indiana uses now. A judge grants it, not the BMV.

Where can I drive? Where the order says. Judges commonly allow work, school, medical care, court, treatment, and childcare, and can add more.

How long does it last? For the period the judge sets, which can run for the length of the suspension.

Do I need SR-22 insurance? You have to keep proof of future financial responsibility for the whole period.

I have suspensions in two counties. Now what? Each court that ordered a suspension needs its own petition. I file them together.

Get back on the road legally

Call Wynn. (317) 832-1182

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