INDIANA OWI/DUI LICENSE SUSPENSIONS

IMPLIED CONSENT - Any person who operates a vehicle in the state of Indiana impliedly consents to submit to chemical test or tests as a condition of operating a vehicle in Indiana. A police officer with probable cause to believe a person has committed an OWI offense will offer the person the opportunity to submit to a chemical test. More than one chemical test may be offerred. Which chemical test or tests will be given is in the discretion of the officer. The police are not required to offer chemical testing to persons who are unconscious.

REFUSAL - If a person refuses to submit to a chemical test, the arresting officer is required to inform the person that refusal will result in the suspension of the person's driving privileges and that the refusal to submit to chemical testing is admissible into evidence. If, after having been advised of the consequences of a refusal, the person still refuses chemical testing, the officer will confinscate the person's driver's license and issue them a reciept that is valid until a hearing has been conducted. The officer will submit a probable cause affidavit to the prosecuting attorney of the county in which the alleged offense occurred and send a copy of the affidavit to the bureau of motor vehicles.

The Administrative License Suspension Review Process in Indiana OWI Cases

A person whose driving privileges have been suspended for a chemical test failure or refusal is entitled to a prompt judicial hearing to constest the suspension. The person may file a petition with the court for a hearing. The hearing will be limited to the following issues: (1) whether the arresting law enforcement officer had probable cause to believe that the person was OWI; and (2) whether the person refused to submit to a chemical test offered by a law enforcement officer. The petitioner has the burden of proof by a preponderance of the evidence. If the court finds that there was no probable cause that an OWI offense was committed, or that the person did not refuse to submit to a chemical test, then the court will order the bureau to reinstate the person's driving privileges. The court's final judgement may be appealed in the manner of civil actions by either party. The attorney general will represent the state on appeal.

Whenever a judicial officer has determined that there was probable cause to believe that a person has committed an OWI, the clerk of the court will forward a copy of a probable cause affidavit and a bureau certificate to the bureau. The probable cause affidavit must set forth the grounds for the arresting officer's belief that there was probable cause that the arrested person was operating a vehicle or a motorboat while under the influence. It must also state that the person was arrested for an OWI violation and whether the person refused to submit to a chemical test when offered; or submitted to a chemical test and "failed."

If a court recommends suspension of the defendant's driving privileges, then the bureau must suspend the driving privileges of the person for the period set by the court. The defendant will be required to surrender all licenses, permits, or reciepts that have been issued to him/her to the court. The court will forward the licenses, permits, or reciepts to the bureau along with the court's judgement. If the court finds the suspension was invalid, then the bureau must remove any record of the ignition interlock device requirement or suspension from the bureau's recordkeeping system and reinstate the person's driving privileges without cost.

If it is determined that there was probable cause to believe that a person committed an OWI offense, then at the initial hearing of the matter the court will recommend immediate suspension of the person's driving privileges to take effect on the date the order is entered. The court will order the person to surrender all driver's licenses, permits, and receipts and have the clerk forward the information to the bureau. As an alternative to a license suspension, the court may issue an order recommending that the person be prohibited from operating a motor vehicle unless the motor vehicle is equipped with a functioning certified ignition interlock device until the bureau is notified by a court that the criminal charges against the person have been resolved.

If the court orders an ignition interlock device requirment, the bureau will mail a notice of the requirement that the person may not operate a vehicle unless it is equipped with a functioning ignition interlock device. The requirement will take effect 5 days after the date of the notice or on the date the court enters the order recommending the use of the ignition interlock device, whichever occurs first. Persons required to install an IID will be given the right to a judicial review.

A DUI defendant's driving privileges will be reinstated if all of the charges against him/her have been dismissed and the prosecuting attorney states on the record that no charges will be refiled against the person. Likewise, if the court finds the allegations in a petition filed by a defendant are true, or if the person who submitted to chemical testing has been found not guilty of all charges by a court or by a jury, then the bureau will be given a court order to reinstate the defendant's driving privileges. No reinstatement fee will be required.

CHEMICAL TEST FAILURE - 180 day suspension, or until the case is disposed of by the Court, whichever occurs first.

FIRST OFFENSE CHEMICAL TEST REFUSAL - 1 year license suspension

REFUSAL WITH ONE PRIOR OWI CONVICTION - 2 year license suspension