When someone is arrested for drunk driving one of the first things they ask is what is going to happen to my driver’s license. It’s a valid concern. In Indiana there is very little public transportation and taking Uber everyday will get quite expensive.
Were arrested for drinking and driving?
The first question to be answered is did you willingly submit to a breath test or a blood test. If yes and you tested over a .08, then the court will normally suspend your license for up to 180 days. However, this suspension will count toward any suspension you get for a conviction. Additionally, if you plead guilty, most times this suspension can be drastically reduced.
If you refuse a breath test or blood draw, then you get a suspension for the refusal of one year. A refusal suspension complicates things because every jurisdiction varies on whether they will terminate this suspension or make you serve the whole thing. An attorney will work with the prosecutor to try to terminate this suspension to avoid you having to serve the entire one-year period. A refusal suspension does not count toward any suspension you receive for a dui conviction.
Under Indiana law it is completely discretionary how much license suspension a prosecutor will request for a drunk driving conviction. The maximum is typically one year, however, very often we are able to negotiate a very smaller length of suspension.
Indiana also has something called specialized driving privileges that allows you to drive under certain circumstances during the suspensions listed above. This includes even during the initial suspension under some situations. There are important time constraints that apply to the specialized driving privileges and you should seek legal advice regarding these issues as soon as possible.
The license suspensions for individuals with prior driving while intoxicated charges is not addressed in this blog. The suspensions for someone with priors can be much more significant.