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Understanding Restricted Driving Options After an OWI Suspension
After being arrested for an OWI (Operating While Intoxicated) in Indiana, one of the biggest concerns is losing the ability to drive. For many individuals, the sudden suspension of a license creates immediate problems—getting to work, school, medical appointments, or handling family responsibilities. Fortunately, Indiana law provides a path to limited driving privileges during a suspension period through what’s known as a restricted license or Specialized Driving Privileges (SDP).
Specialized Driving Privileges are Indiana’s version of a restricted or hardship license. They allow certain drivers whose licenses have been suspended due to an OWI to operate a vehicle under court-approved conditions. This can significantly reduce the hardship caused by being unable to drive for extended periods.
In this post, we’ll explain how these privileges work, who can apply, what the process looks like, and what restrictions may apply. This guide is meant to inform—not provide legal advice—and help readers understand what options might exist for legally driving after an OWI license suspension in Indiana.
What Are Specialized Driving Privileges in Indiana?
Indiana no longer uses the term “hardship license.” Instead, the state provides Specialized Driving Privileges (SDP) to individuals with suspended licenses. These privileges are designed to give people limited driving rights for essential activities, even while their license remains officially suspended.
SDP can cover activities such as:
- Commuting to and from work
- Attending school or educational programs
- Receiving medical treatment or appointments
- Caring for dependents or family obligations
- Attending court-ordered appointments or counseling
When granted, these privileges come with specific terms outlined by a judge. For example, a person might be allowed to drive only during certain hours of the day or only on approved routes. Courts can also require additional conditions such as installing an ignition interlock device or submitting to regular check-ins.
While SDP does not restore full driving rights, it can provide significant relief during a suspension period, especially when loss of driving would cause substantial hardship.
Who Is Eligible to Apply for Specialized Driving Privileges?
Not everyone qualifies for Specialized Driving Privileges in Indiana. Eligibility depends on several factors, including the nature of the suspension, prior driving history, and compliance with court requirements.
Generally eligible individuals include:
- First-time OWI offenders with a suspended license
- Drivers who failed a chemical test and received a 180-day suspension
- Drivers with court-imposed suspensions who are not disqualified by law
- Drivers with no history of violent offenses or repeat OWI-related convictions
Individuals who may be ineligible include:
- Drivers who refused chemical testing (some courts restrict SDP for refusals)
- Commercial driver’s license (CDL) holders (SDP doesn’t apply to commercial driving)
- Drivers classified as habitual traffic violators
- Individuals with certain felony convictions tied to dangerous driving behavior
Even if eligible, the final decision rests with the court. The judge evaluates the individual’s need, behavior, and compliance history before granting limited driving rights.
How to Request Specialized Driving Privileges
To obtain Specialized Driving Privileges, an individual must file a petition with the court that has jurisdiction over the case. This is a formal legal request asking the judge to allow limited driving despite the active suspension.
The petition must include:
- The petitioner’s full name, license number, and current suspension details
- A clear explanation of why driving privileges are necessary (e.g., work, medical care)
- A proposed plan outlining times, days, and destinations for driving
- A statement of willingness to comply with court conditions, including monitoring
Once filed, the court may schedule a hearing to review the request. At the hearing, the judge can ask questions, request documentation, or propose specific restrictions.
If the request is approved, the judge will issue an order outlining the exact terms of the Specialized Driving Privileges. Drivers must carry a copy of this order while operating a vehicle.
It’s important to note that driving outside the scope of the order—such as traveling at unapproved times—can result in the immediate loss of privileges and possible additional penalties.
Restrictions and Conditions That May Apply
Specialized Driving Privileges are not the same as full reinstatement. The court places conditions on when, where, and how the person may drive. Common restrictions include:
- Time-based driving limits, such as weekdays from 7 AM to 6 PM
- Route restrictions, limiting travel to work, school, or medical facilities
- Ignition interlock devices, especially in OWI cases
- Mandatory participation in alcohol or drug treatment programs
- Supervision or reporting requirements, such as regular check-ins or documentation
The court can tailor restrictions to the individual case, and violations of any term can result in immediate revocation of the privileges.
In some instances, the court may allow the use of an interlock device in exchange for more flexible driving terms. These devices require the driver to pass a breath test before starting the vehicle and may include rolling retests while driving.
Drivers should take all restrictions seriously and maintain documentation of their compliance during the period of SDP.
Can Specialized Driving Privileges Be Modified or Revoked?
Yes. Once granted, Specialized Driving Privileges can be modified, suspended, or revoked by the court at any time. Changes may be requested by the driver, the prosecutor, or the court itself if circumstances change.
For example, if a person changes jobs or moves to a new location, they may file a motion to update their driving schedule or approved routes. Similarly, if the court receives reports of non-compliance or new violations, it may revoke the privileges altogether.
Violation of SDP terms—such as driving outside of approved hours or tampering with an interlock device—is considered a serious offense and may result in additional consequences, including criminal charges or extended suspension periods.
Maintaining good standing and following all court-ordered conditions is the best way to keep SDP intact until full license reinstatement becomes possible.
What Happens After the Suspension Period Ends?
Once the suspension period is over, the driver must complete several steps to reinstate their full driving privileges. These steps are handled through the Indiana Bureau of Motor Vehicles (BMV) and may include:
- Paying a reinstatement fee
- Filing SR-22 proof of insurance
- Completing any court-ordered programs
- Submitting required documents to confirm compliance
Specialized Driving Privileges do not automatically convert into a full license. They simply allow limited driving during suspension. Reinstatement requires a separate process and confirmation that all administrative and court-related obligations have been satisfied.
For drivers who successfully completed their SDP without violations, the reinstatement process is typically more straightforward. However, those with violations or outstanding conditions may face delays.
Understanding what comes next after SDP helps drivers prepare for full legal driving and avoid future complications.
Frequently Asked Questions About Restricted Licenses in Indiana
What’s the difference between a restricted license and Specialized Driving Privileges?
In Indiana, “restricted license” is no longer used officially. The correct term is Specialized Driving Privileges (SDP).
Can I apply for SDP after refusing a chemical test?
Possibly, but it depends on the court and the specifics of your case. Some refusals disqualify drivers for a period of time.
Do I need a lawyer to request SDP?
It’s not required, but many individuals choose to get help due to the legal paperwork and court procedures involved.
Is driving for work allowed under SDP?
Yes, if the court approves it. Many SDP orders include permission for commuting and work-related travel.
Can commercial drivers get SDP?
Not for commercial driving. SDP does not cover CDL use, though limited non-commercial driving may still be possible.
What happens if I drive outside the allowed times?
Violating any part of the court order can result in immediate revocation of privileges and additional penalties.
Can I modify my SDP if my schedule changes?
Yes. You can file a motion with the court to request changes, subject to approval.
Do I have to install an interlock device?
Not always, but courts often require it in OWI cases—especially if it’s a repeat offense or the BAC was high.
Conclusion
Specialized Driving Privileges in Indiana offer a way for individuals to maintain limited driving rights after an OWI-related license suspension. While not available to everyone, SDP can provide relief for essential tasks like getting to work or medical appointments. The process requires a formal petition and court approval, and the privileges come with strict conditions that must be followed.
Understanding the process for applying and qualifying for restricted driving privileges is essential for anyone dealing with an OWI license suspension in Indiana. Following the rules and maintaining compliance can help ensure continued access to legal driving and a smoother path to full license reinstatement.
For a full overview of penalties and consequences tied to OWI offenses, visit DUI Penalties And Consequences.
To explore more about license restrictions and driving options during suspension, visit License Suspension and Driving Restrictions After a DUI.