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Understanding the License Process After an OWI Arrest in Indiana
When someone is arrested for OWI (Operating While Intoxicated) in Indiana, the legal process isn’t limited to the courtroom. A separate administrative process also begins—one handled by the Indiana Bureau of Motor Vehicles (BMV). This process focuses on the individual’s driving privileges, and it can result in license suspension even if the criminal case is still pending.
Unlike the criminal side of an OWI case, which deals with guilt, sentencing, and court procedures, BMV actions are administrative. They are triggered automatically by specific events such as failing a chemical test or refusing to take one. These actions often happen quickly and may impact a driver’s ability to legally operate a vehicle long before any trial occurs.
This post explains how BMV license hearings and suspensions work after an OWI arrest in Indiana. It outlines what drivers can expect, how the process is initiated, and the key differences between administrative and criminal consequences.
What Triggers a BMV License Action After an OWI Arrest?
In Indiana, certain events automatically trigger license suspension through the BMV following an OWI arrest. These events don’t require a conviction and can occur immediately based on arrest details alone.
Key triggers include:
- Failing a certified chemical test (e.g., breath or blood) with a BAC at or above the legal limit
- Refusing to submit to a chemical test under Indiana’s implied consent law
Indiana’s legal BAC limits are:
- 0.08% or higher for regular drivers
- 0.04% for commercial drivers
- 0.02% for drivers under 21
Refusal to take a test often results in a one-year license suspension for first-time offenders. If the person has a prior OWI-related offense or has refused testing before, the suspension can be longer.
The arresting officer submits a report to the BMV, which then processes the suspension. This can happen before the initial court hearing, and it operates independently of the outcome of the criminal case.
Is There a BMV Hearing in Indiana After an OWI Arrest?
Unlike some states that offer formal DMV hearings where drivers can contest their license suspension, Indiana does not automatically schedule a BMV hearing after every OWI arrest. Instead, administrative suspensions are typically handled automatically based on paperwork submitted by law enforcement.
However, a driver can request a court review of the suspension in some situations, especially if:
- There is a claim that the chemical test result was incorrect or mishandled
- The driver disputes the facts of the refusal
- The test equipment was not properly certified or maintained
This review happens in the criminal court, not through a separate BMV hearing. The judge can evaluate whether the administrative suspension is valid, especially if suppression motions are filed.
If the court finds the evidence lacking, it may order the BMV to lift the suspension. But unless such a motion is made and approved, the BMV suspension typically stays in place.
What Happens If You Refuse the Chemical Test?
Under Indiana’s implied consent law, anyone operating a vehicle automatically agrees to chemical testing if suspected of OWI. Refusing this test carries serious consequences:
- Automatic license suspension for one year (first offense)
- Two years or more for repeat refusals or OWI history
- Suspension remains in place even if the criminal case results in dismissal
Additionally, refusal may make the individual ineligible for specialized driving privileges during the suspension period. This means they cannot drive at all—not even for work, school, or medical appointments.
Unlike failing a chemical test, which may still allow limited driving options, refusal triggers a hard suspension with fewer exceptions. It also limits legal flexibility, as refusal is viewed by courts and the BMV as non-cooperation with law enforcement.
How to Respond to a BMV Suspension Notice
After an OWI arrest, the driver typically receives a Notice of Suspension from the BMV. This notice outlines:
- The reason for the suspension (test failure or refusal)
- The effective date of the suspension
- The length of the suspension period
- Any options for seeking specialized driving privileges
To respond to a suspension:
- Read the notice carefully to understand the specifics of the case.
- Consult with legal counsel if you plan to request a court review or challenge the suspension.
- Gather documentation, including test results, police reports, and certification records.
- Prepare for possible restrictions, including vehicle installation of an ignition interlock device if required later.
If you believe the suspension is based on incorrect or incomplete information, the court may be petitioned to review the BMV’s administrative action. But again, Indiana does not offer a separate, standalone DMV hearing like some states.
Can You Drive During the Suspension Period?
If your license is suspended after an OWI arrest in Indiana, you may be eligible to apply for specialized driving privileges. These privileges allow limited driving under court-approved conditions.
Common permitted travel includes:
- To and from work
- Attending school or classes
- Medical appointments
- Childcare or parenting responsibilities
To request these privileges:
- A petition must be filed in the court of jurisdiction
- The request must outline your need to drive and proposed schedule
- The court reviews your record and determines eligibility
However, drivers who refused chemical testing are generally not eligible for these privileges, particularly if it’s a repeat offense or they have an OWI history.
If approved, specialized driving privileges may come with conditions such as:
- Restricted hours and routes
- Mandatory use of an ignition interlock device
- Regular court check-ins or compliance documentation
Violating the terms can result in full suspension reinstatement and additional penalties.
Difference Between BMV Actions and Criminal Court Penalties
It’s important to understand that BMV actions are separate from the criminal court process. This means:
- The BMV can suspend your license even if charges are later dropped
- You may face additional license suspensions if convicted
- A favorable court outcome does not automatically reverse BMV decisions
After a conviction, the court may impose further suspensions, fines, and requirements for license reinstatement. In some cases, the court and BMV suspensions overlap and run concurrently; in others, they are stacked, extending the total suspension period.
For this reason, OWI defendants often navigate two timelines at once:
- The criminal case in court
- The administrative process with the BMV
Coordinating both timelines and understanding how they interact is key to managing the overall impact of an OWI arrest in Indiana.
FAQ: BMV and OWI License Suspensions in Indiana
Does Indiana hold a separate BMV hearing after an OWI arrest?
No. Indiana typically handles license suspensions administratively, not through a separate BMV hearing.
Can I challenge a BMV suspension?
Yes, but the challenge usually happens in criminal court, not through a BMV appeal process.
How long is the license suspension for OWI?
Suspensions vary: 180 days for a test failure, one year or more for refusal, and longer for repeat offenses.
Can I still drive to work?
Only if you are granted specialized driving privileges by the court. These are not automatic.
What happens if I refused the test?
Refusal leads to a hard suspension with fewer options for driving privileges and longer penalties.
Will a court dismissal lift the BMV suspension?
Not always. Court outcomes do not automatically reverse BMV actions unless the court specifically orders it.
Do I need a lawyer for BMV issues?
While not required, legal guidance can help navigate court petitions, especially if challenging a suspension or requesting limited driving.
Conclusion
After an OWI arrest in Indiana, BMV license suspensions are often automatic and separate from the criminal case. While Indiana does not hold formal DMV hearings, drivers may petition the court for review or request limited driving privileges if eligible. Understanding how the BMV process works—and how it interacts with court outcomes—is essential to managing the full impact of an OWI charge.
To better understand Indiana’s full legal path for OWI cases, read our guide on the DUI Process and Timeline. For more information about administrative license actions, visit DMV Hearings and License Actions After a DUI Arrest.