What Happens To Your Driver’s License After A DUI Charge?

Being arrested for DUI can be a very scary experience. While a first offense may not seem like a serious problem, it can make any future penalties more severe, in addition to the initial consequences of a conviction. When you’ve been charged with DUI, one of the skilled criminal defense attorneys of Harper and Harper, LLC, can help you pursue the optimal results in your case from our Valparaiso office. If you or a family member find yourselves in this position in Porter County or Northwest Indiana, you should immediately meet with an attorney to discuss your rights.

Do Not Be Caught Off Guard By Your Charges

When reviewing the tickets you have received and the charges against you, you may discover that you have been charged with more than one count. This is not unusual when someone has been cited for DUI. Indiana law allows for several different levels/types of charges. However, if you are convicted, the court will usually only allow you to be convicted of one of these charges.

Whether it is referred to as driving under the influence (DUI) or operating while intoxicated (DUI), it is a serious and often complicated offense. As used on this website, there is no difference between DUI– both are used in reference to the charge in Indiana of operating while intoxicated. Not only are there the traditional penalties of possible jail time and fines, but a DUI charge and conviction, whether as a misdemeanor or felony, can also lead to driver’s license suspension. Multiple DUI convictions can lead to permanent license suspension and even time in prison.

First DUI Offenses In Indiana

For a first DUI offense in Indiana, the penalties can be quite serious, even though it is typically classified as a misdemeanor. A first offense is punishable by:

Jail time: Up to 60 days or up to one year if blood alcohol content (BAC) is .15% or more
Fines: Up to $500 or up to $5,000 if BAC is .15% or more
License suspension: Potentially up to one year
Ignition interlock device (IID): Up to 60 days or up to one year if BAC is .15% or more

Additionally, refusal to submit to chemical testing for a DUI can lead to an additional one-year license suspension.

Second DUI Offenses In Indiana

Unfortunately, a second DUI offense is treated more severely. It is generally classified as a Level 6 felony if it occurs within seven years of the first offense.

Time in jail: Up to 60 days or one year if BAC is .15% or more
Fines: Up to $500 or up to $5,000 if BAC is .15% or more
License suspension: Between one year and 2.5 years
Refusing a chemical test: An additional two-year license suspension

As with a first offense, you may be ordered to install an IID for up to 60 days or a year for a BAC exceeding .15%.

Third DUI Offenses In Indiana

Third and subsequent DUI offenses can be charged as a Level 5 felony in Indiana. The penalties are more severe and may include:

Jail time: Up to 60 days or one year if BAC is .15% or higher
Fines: Up to $500, or up to $5,000 with a BAC of .15% or more.
License suspension: For at least one year and possibly up to 10 years
Refusal of chemical testing: Loss of license for an additional two years
IID installation: Up to two months or a year if the measured BAC is higher than .15%

The penalties can increase significantly if drunk driving causes an accident that results in injury or death. Indiana courts often impose longer prison sentences and higher fines in these situations. A strategic defense can minimize the odds of receiving the harshest DUI punishments upon conviction.

How Your License Could Be At Risk

Your driver’s license will be suspended even before a trial or a determination of your guilt or innocence. In the state of Indiana, being charged with a DUI results in an administrative license suspension of 180 days. Upon finding probable cause that you have tested above .08% blood alcohol content, the Indiana Bureau of Motor Vehicles will administratively suspend your license upon notice of the charge. This suspension will not be terminated until the case reaches some conclusion and/or disposition.

There are ways in which you can continue to drive while your license is suspended during the prosecution of your case. Whether you petition the court for a specialized driving privilege and/or an interlock device, commonly referred to as a “blow and go,” there are ways in which you can make a motion to the court to continue driving during the pendency of your case. This is why it is important to speak to an experienced criminal defense attorney as soon as possible after your arrest.

Possible Consequences In Your Case

Depending on whether this is your first DUI charge or your third or even fourth, you may be charged with either a misdemeanor or a felony. Moreover, the prosecution will consider if you submitted to a blood alcohol content (BAC) or other sobriety test, the level at which you tested, and whether you were involved in an accident, all of which can lead to more and enhanced charges and a longer license suspension.

Every DUI case is different, and each case needs to be specifically researched to determine the legitimacy of the traffic stop itself and the level of charges alleged against you. We also understand that you may have questions about your case, and we have taken the time to answer some questions below.

How Can I Defend Against These Charges?

It can feel like there is no way to defend yourself against these charges, but we may be able to find some opportunities, such as the police conducting an illegal traffic stop, a lack of proper testing to confirm drunkenness, you being more intoxicated when you were tested than when you were arrested, and a lack of evidence or questionable evidence.

Should I Take A Breathalyzer At My Traffic Stop?

You have the right to refuse a breathalyzer, but doing so usually creates more problems than solutions, including the suspension of your license for one year. It is best to follow police directions at the traffic stop and fight it in court later on.

How Harper and Harper, LLC, Can Help With Your DUI Charge

After a DUI charge, we step in immediately to protect your rights and build a strong defense from day one. Our attorneys:

Conduct our own investigations through depositions, interviews and the use of skilled private investigators. We look for any discrepancies in the police report, dashcam footage, witness statements and arrest procedures to uncover evidence that supports your defense.
Challenge the legality of DUI traffic stops by carefully reviewing whether law enforcement had a valid reason to pull you over. If your stop was unlawful or conducted without probable cause, we may be able to get key evidence suppressed.
Question the accuracy of breathalyzer and field sobriety tests. These tests are not foolproof, as machines can malfunction, operators can make mistakes and medical conditions can skew results.
Provide free consultations so you can speak with us early and understand your rights and legal options before making critical decisions.
Act quickly on time-sensitive license suspension issues, including filing for hearings and contesting the automatic suspension that often comes with a DUI arrest.
Petition for specialized driving privileges, such as a hardship license, which can allow you to continue driving to essential places like your workplace, your child’s school or doctor appointments during your case.
Assist with ignition interlock device applications, guiding you through the requirements and helping ensure compliance so you can regain limited driving privileges if needed.
Fight administrative license suspensions, which can last up to 180 days. We challenge these at BMV hearings to give you the best chance of avoiding or reducing this penalty.
Defend against enhanced charges for high BAC (blood alcohol content), especially if your level was .15% or more, which carries steeper consequences under Indiana law.
Handle felony DUI charges, including repeat offenses. These charges can lead to lengthy jail time, so our goal is always to reduce or dismiss them when possible.
Work to keep you driving legally during the case by pursuing every available legal avenue.
Help you navigate the penalties and long-term consequences, including fines, mandatory classes, insurance hikes and a criminal record.

DUI cases are complex and move quickly. You need a legal team that knows Indiana law and understands how to navigate the criminal and administrative aspects of your case. At Harper and Harper, LLC, we take these charges seriously because we know how much is at stake.

Your Questions About Indiana DUI Laws Answered

The legal process after a DUI arrest can seem complex, and the potential consequences can leave you overwhelmed and uncertain about your future. Below are answers to questions our clients commonly ask when facing DUI charges in Indiana. Our goal is to help you better understand your situation and the important steps you need to take to protect your rights and driving privileges.

What are “specialized driving privileges (SDP),” and am I eligible to apply for them?

SDPs allow people with suspended licenses to drive for essential purposes, such as going to work, school or medical appointments. This court-issued permit serves as a restricted license that allows you to drive during specific times and set routes. You might qualify if your license was suspended because of a DUI involving alcohol or drugs, if you were labeled a habitual traffic violator or if the Bureau of Motor Vehicles suspended your license for lacking insurance.

Will an DUI charge in Indiana affect my out-of-state driver’s license?

Yes, a DUI charge in Indiana will likely affect your out-of-state license because of the interstate Driver’s License Compact — an agreement between 45 states to share information about driver’s licenses and traffic violations. Your home state will likely suspend your license based on its own laws, which may differ from Indiana’s penalties. Most states take DUI offenses very seriously, regardless of where the violation occurs.

What is the difference between a “refusal” and “failing” a chemical test?

In Indiana, driving comes with “implied consent,” meaning you already agreed to chemical testing when you received your driver’s license. When you refuse a chemical test during a DUI stop in Indiana, you actively decline the breath, blood or urine test that officers request. This results in an automatic one-year license suspension for a first offense. On the other hand, failing a chemical test means you took the test, and it showed your blood alcohol content (BAC) was at or above the legal limit of 0.08%. This can potentially lead to criminal charges.

If I am a commercial driver’s license (CDL) holder, how will a DUI arrest impact my career?

If convicted of even a first-time DUI, you will face a mandatory one-year suspension of your driving privileges. Meanwhile, a second offense leads to a lifetime ban. Unlike regular drivers, CDL holders cannot receive SPDs during suspension. Federal law also requires you to tell your employer about your DUI within 30 days of the arrest. Many drivers lose their jobs right away, even before their court case ends, as most transportation companies maintain strict zero-tolerance policies for alcohol offenses.

Can I still have my license suspended if I wasn’t actually “driving” but was just sitting in my car?

When it comes to DUI cases, Indiana law focuses on having “actual physical control” of your vehicle at the time of the arrest. This means being in a position where you could operate, such as sitting in the driver’s seat with keys accessible. This law exists to prevent the dangerous situation where someone might initially decide to “sleep it off” but later change their mind and drive while still impaired.

Get The Defense You Deserve

The attorneys and staff of Harper and Harper, LLC, can help you or a loved one navigate the DUI charges, defend you against such charges, and help you, if possible, find a way in which to continue to drive during the prosecution of your case. Call us at 219-762-9538 or email us here to schedule your free initial consultation today.