Am I Eligible for Specialized Driving Privileges After an OWI?

Were you recently arrested for operating a vehicle while intoxicated (OWI) in the Indianapolis area? If so, you are most likely facing a suspension of your driving privileges. The length of a driver’s license suspension in connection with an OWI will depend on the facts of the case, including whether it is a first offense and whether there are any aggravating circumstances in the case.

For most residents of Indianapolis, losing the ability to drive can be devastating and detrimental to your ability to work and to care for your family. Accordingly, if you are facing a suspension of your driving privileges or you have already had those privileges suspended, it is critical to find out whether or not you may be eligible for specialized driving privileges. Our Indianapolis criminal defense and license rehabilitation lawyers can tell you more.

What Are Specialized Driving Privileges?

What are specialized driving privileges? When an Indiana driver’s license has been suspended, they can petition the court for specialized driving privileges that allow them to drive for particular purposes (such as to work or for school) while their driver’s license is suspended.

Am I Eligible for Specialized Driving Privileges?

Indiana law clarifies who is not eligible for specialized driving privileges. If none of the below are true of you, then you may be able to petition for specialized driving privileges after an OWI:

• You have never been an Indiana resident;
• You refused to submit to a chemical test in connection with an OWI;
• Your OWI (or other vehicle offense) resulted in another person’s death;
• You were previously granted specialized driving privileges and have a specific conviction for violating a condition of the specialized driving privileges.

How to Seek Specialized Driving Privileges 

If you are eligible for specialized driving privileges, then you must file a petition with the court in order to be granted specialized driving privileges. In other words, granting these privileges is not something the court will consider on its own without your petition. Under IC 9-30-16-3, all of the following must be true of that petition:

• Be verified by the petitioner;
• State the petitioner’s age, date of birth, and address;
• State the grounds for relief and the relief sought;
• Be filed in the court case that resulted in the order of suspension; and
• Be served on the bureau and the prosecuting attorney.

Contact an Indianapolis License Rehabilitation Lawyer Today for Help

If you were arrested for an OWI, it is critical to begin working with one of the experienced Indianapolis license rehabilitation attorneys at Rigney Law LLC on your OWI defense and your ability to obtain specialized driving privileges. If you are convicted of an OWI, you will most likely have your driver’s license suspended and will not be able to drive to work, pick up your kids from school, or travel for other necessities unless you seek specialized driving privileges. Contact our firm today to find out more about how we can assist you.

Sources: 

codes.findlaw.com/in/title-9-motor-vehicles/in-code-sect-9-30-16-1/

in.gov/courts/iocs/files/pubs-trial-court-driving-privileges.pdf