Is your driving license suspended in Indianapolis for some reason? Can you get a temporary license meanwhile for commuting or some emergency reasons? Let’s find answers to all your questions about the provisional hardship license in Indianapolis. We will also see how a DUI attorney in Indianapolis can help you secure a provisional hardship license.
What is a provisional hardship license in Indianapolis?
A provisional hardship license is granted in place of a suspended driving license. This hardship license provides specialized driving privileges, i.e., it can be used to drive to certain places only for a limited period.
This hardship license can be used to drive to work, religious service, school, or similar urgent purposes that cannot be avoided.
When is the driving license suspended in Indianapolis?
A driving license in Indianapolis can be suspended for various reasons. It can be suspended for:
- Failing to pay a road violation ticket
- Failing to have an automobile insurance
- Committing an OWI/DUI, i.e., operating a vehicle while intoxicated
- A repeated traffic violation offender
- Causing an accident
Under such circumstances, your driving license can be suspended for some time, depending on the severity of your fault. Failing to have automobile insurance can lead to 90 days or a 1-year driving license suspension in Indianapolis.
If you are a repeated traffic violator, i.e., you have committed enough violations within ten years, the Indianapolis BMW will identify you as a ‘Habitual Traffic Violator.’ In such a case, your driving license can be suspended for five years or more, depending on the severity of the violation.
In Indianapolis, you can get it:
- Suspended for up to 2 years for refusing a chemical test
- Suspended for up to 180 days for failing a chemical test
- Suspended for depending on the severity in case of OWI conviction
The license is suspended by the Bureau of Motor Vehicles (BMW) in Indianapolis.
How can you obtain a provisional hardship license?
To obtain a provisional hardship license or special privileges license in Indianapolis, you must file a petition. Such a petition can either be filed in the local court or with the BMW, depending on who ordered the suspension.
A local court orders the suspension in case of an arrest or conviction. This could be in the case of driving under the influence, hit and run accident case, driving with a suspended license etc. In such circumstances, you can file the petition with the county’s court in which the case occurred.
However, you may have to file with a higher court like a circuit court or superior court if you have been convicted. You have to file a petition with the court where your case is pending or convicted, at the time of filing a hardship license suspension,
- You are a defendant in a pending case against you
- You are on probation after committing an offense under Ind. Code § 9-30-5
- Your driving license is suspended after committing an offense as per Ind. Code § 35-48-4-15(a)
On the contrary, if the BMW suspends your driving license, you can file the petition in any court in your county. The rules as to when you can file a petition and at which court are a bit confusing. Therefore, we suggest contacting an attorney in Indianapolis to clear your doubts.
Attending the court hearing
After you have filed the petition for a hardship license, you will be required to attend the court hearing if the petition is accepted. You will be asked several questions about the event that caused your driving license suspension.
Again, contacting a DUI attorney at this time can be helpful. Such an attorney will help you prepare for the questions that can be asked. They will also help you arrange the documents that you can be asked to bring along.
At this stage, you should make you have valid automobile insurance with the proof of the coverage, and all your pending speeding or road violation tickets are paid.
If you want to be gotten the fee of reinstatement waivered, you can also address the same at the time of the court hearing.
After the court hearing is over, you will know if your petition is granted or not. If granted, the court will sign the final order that will mention the details of the hardship license granted. It will state the place where it can be used and other details. If needed, you may also have to get the ignition interlock. An ignition interlock is a type of device that is installed at the keyhole. This is usually used for DUI convictions.
The convict cannot use the vehicle until they blow their breath over the device. If the device detects no presence of alcohol, the ignition interlock will be opened. Otherwise, it will stay closed.
Submission of order
Once the order is signed, it is submitted to the Bureau of Motor Vehicles in Indianapolis. Here your license status will be updated from suspended to Valid-Conditional.
You can now use your provisional hardship license within the purview of what is allowed and the period mentioned in the order. Such a license can be granted for at least six months. This period may vary from case to case depending on the severity of your crimes.
When do you need a DUI attorney in Indianapolis?
You can hire a criminal defense lawyer at any stage of getting a provisional hardship license in Indianapolis. A lawyer can help you fight against your charges and get you a hardship license without any hassle.
Such a lawyer can also help in getting your driving license reinstated. If you are convicted of an OWI/DUI in Indianapolis, a lawyer can help you get through the process of getting your punishment minimized.
They can help you deal with the chemical test and other such procedures that follow. They can establish that chemical tests or other test results were not worthy enough to prove the person’s intoxication.
In Indianapolis, you can be charged with DUI if your BAC is found to be 0.08 or higher. The penalties for DUI vary if it’s your first offense or a repeated offense. If the DUI caused death, serious bodily injury, or driving with the presence of a minor in the car, it will be considered a felony that has more severe penalties. To learn more, contact us today.