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How to Get Your License Back After an OWI in Indiana
Indiana law (Indiana Code § 9-30-5-1) defines operating while intoxicated (OWI) as driving while under the influence of alcohol or drugs with a blood alcohol concentration (BAC) of ≥0.08% or any controlled substance present. This constitutes a serious infraction under Indiana law, with potential criminal penalties and loss of driving privileges.
Being arrested for an Indiana OWI violation may result in an automatic 180-day license revocation by the Indiana Bureau of Motor Vehicles, which may be extended to a year (for a first-time offender) if convicted.
Step 1: Know the Terms of Your Suspension
Typically, the duration of Indiana OWI suspensions depends on the frequency of previous violations and the presence of aggravating factors. The table below presents several Indiana OWI violations and the corresponding suspension lengths and waiting periods required before reinstatement.
Offense Type | BMV Admin Suspension Duration (Automatic) | Court-Ordered Suspension Duration | Waiting Period Before Reinstatement |
---|---|---|---|
1st DUI (BAC ≥ 0.08) | 180 days | 90 days to 2 years (typically 90 days + credit) | After the court suspension ends and all requirements are completed |
1st Refusal to Test | 1 year | Up to 1 year additional | After a 1-year administrative (and court, if any) suspension |
2nd DUI | — | Minimum 1 year; may trigger Habitual Traffic Violator (HTV) | After court suspension and completion of all conditions |
3rd DUI or more | — | Minimum 1 year; up to 10 years for Habitual Traffic Violator | After a full court-imposed term |
BAC ≥ 0.15 or causing serious injury/death | Administrative suspension remains 180 days | Court imposes ≥1 year (≥2 years if fatality) | Eligible after court suspension and all conditions |
Under-21 DUI/OWI | Treated the same as adults | The court may impose a juvenile-specific suspension | See the court order and the BMV record for the earliest reinstatement |
Step 2: Fulfill Court and DMV Requirements
In Indiana, OWI (Operating While Intoxicated) typically involves DMV and court processes. While these processes are related, they are distinct from one another.
Category | DMV (BMV) Suspension | Court Suspension |
---|---|---|
Source of Authority | Administered by the BMV based on arrest or test results | Imposed by a judge after a DUI conviction |
Triggering Event | Triggered immediately after failure or refusal of the chemical test | Begins after conviction of OWI or related offenses |
Legal Standard | Preponderance of the evidence (lower standard) | Beyond a reasonable doubt (criminal standard) |
Duration | 180 days for failed test, 1 year for test refusal (may be longer) | 90 days to several years, depending on severity |
Differences in Penalties | Immediate license loss, SR-22 insurance, ignition interlock device (IID), civil reinstatement fees | Fines, jail time, or probation, OWI education/treatment programs, community service, and potential felony charges |
Step 3: Complete an OWI Education or Treatment Program
In Indiana, individuals convicted of two or more traffic offenses within a 12-month period must complete a Bureau of Motor Vehicles-approved Driver Safety Program. The Bureau of Motor Vehicles expects such persons to complete the program within 90 days or risk having their license suspended.
The BMV approves various DSP programs, and the curriculum is accessible in the classroom, on DVD, or online. All BMV-approved DSP training providers follow the same curriculum guidelines and have a minimum duration of four hours. According to the Indiana BMV website, the maximum fee for any of the agency's driver safety programs is $55.
Aside from the DSP, courts may order individuals with a history of repeat or aggravated OWI offenses to undertake more intensive substance abuse education or outpatient counseling. Indiana Office of Court Services (IOCS)-certified providers offer outpatient counseling, which usually spans 8 to 20 hours. This program may cost $150 or more, depending on the assessment. Upon completion of the program by an offender, the court or supervising agency will notify the BMV.
Participants must submit evidence of successful completion (certificates) to the BMV as proof of compliance. Failure to do so may result in delayed reinstatement of driving privileges, and new charges may be filed against the individual.
Step 4: Get SR-22 Insurance or Equivalent
Contrary to the common perception, SR-22 insurance is not a general type of insurance. It is a form that OWI offenders' insurance companies file with the BMV to prove that they have the state's minimum required auto liability coverage. Typically, the BMV requires drivers convicted of multiple traffic violations or OWI offenses to file an SR-22. Individuals with OWI-related convictions must maintain SR-22 coverage for three years from the date of a BMV request or sentence. Premature cancellation of an SR-22 will result in automatic license suspension, restart of the compliance period, and additional reinstatement fees.
Step 5: Pay Reinstatement Fees
According to Indiana Code § 9-25-6-15, the reinstatement fee for a license suspension varies based on the number of suspensions:
- 1st suspension: $250
- 2nd suspension: $500
- 3rd or subsequent suspension: $1,000
Reinstatement fees may be paid online through the MyBMV portal, by Phone: (call (888) 692-6841), by mail (using the Reinstatement Fee Submission Form), or in person at any Indiana BMV location or self-service kiosk.
Individuals wishing to pay their reinstatement fees online may use credit or debit cards. Meanwhile, those paying in person or by mail may utilize checks, money orders, or credit/debit cards.
Step 6: Submit Your License Reinstatement Application
In Indiana, applicants may submit their license reinstatement application online, by phone, in person, or by mail. Individuals may sign into their myBMV account to view their Official Driving Record and the Reinstatement Requirements section. While on the platform, they may view a checklist of items, upload relevant files, and pay reinstatement fees.
For the phone option, applicants may call (888) 692-6841 to pay fees or check their eligibility using the access code provided in their reinstatement notice. Applicants may also pay a scheduled visit to a BMV service center or a Connect kiosk to submit their application. They must take completed forms, proof of payment, an SR-22 certificate, an education completion certificate, and other necessary documents. Individuals who choose the mail-in option must complete and submit the reinstatement coupon, payment, or relevant paperwork to the address indicated on the form.
What If You're Denied License Reinstatement in Indiana?
In Indiana, the Bureau of Motor Vehicles may deny a driver's license reinstatement application for reasons such as failure to complete necessary programs, including DUI education, substance abuse treatment, or defensive driving training. Other reasons include insufficient verification of program completion or medical evaluation, outstanding fees or fines, having a history of several traffic tickets, accidents, or noncompliance with driving restrictions, and violation of the terms of a previously issued Restricted Driving Permit.
Petitioners who believe they were wrongfully denied may submit a request for consideration (administrative appeal) within 18 days.
Hardship Licenses: Driving with Limited Privileges
In Indiana, a hardship license, formerly known as Specialized Driving Privileges, allows individuals with suspended licenses to have limited driving access. It allows them to commute to and from work, attend medical appointments, school, or court appearances, and participate in probation, counseling, or other required activities.
In Indiana, the court may order an OWI offender to have an Ignition Interlock Device (IID) installed in all vehicles they operate as a condition for obtaining an SDP. Other restrictions, such as SR-22 insurance, limited driving usage, and time limits, still apply when the court does not mandate the installation of an IID.
Individuals seeking to apply for an SDP must submit a completed Verified Petition for Specialized Driving Privileges to the court that imposed the suspension or a court in the county where the offender resides (for administrative suspensions).
How Long Does It Take to Get Your License Back After an OWI?
The time it takes to get a driver's license back after a suspension in Indiana depends on the individual's offense history and compliance with court and Indiana Bureau of Motor Vehicles requirements. The timeline for license reinstatement in Indiana ranges from 6 to 7 months for a first OWI (test failure), 14 to 26 months for a second offense, and several years for a third offense or Habitual Traffic Violator. Under I.C. 9-30-16, offending drivers may be eligible for Specialized Driving Privileges during suspension periods.
