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When Does License Suspension Begin After an OWI Arrest?
In Indiana, one of the first things drivers want to know after being arrested for Operating While Intoxicated (OWI) is whether they will automatically lose their license. The short answer is yes—license suspension can happen automatically in many OWI cases. However, the process is more complex than it may seem at first glance.
Indiana uses a two-track system where license suspensions can come from both the administrative side (through the Indiana Bureau of Motor Vehicles) and the criminal court system. This means that even before someone is convicted in court, their license can be suspended simply based on the outcome of a chemical test or the refusal to take one.
This post will explain how and when license suspensions are triggered automatically in Indiana OWI cases. It covers both administrative and court-imposed suspensions, what causes them to begin, and what drivers can expect once the process is underway. The goal is to provide a clear, neutral explanation of Indiana’s license suspension procedures without giving legal advice or interpretation.
Automatic Suspension After a Failed Chemical Test
The most common reason for an automatic license suspension in Indiana is failing a chemical test. If a driver submits to a breath, blood, or urine test and the results show a Blood Alcohol Content (BAC) of 0.08% or higher, the Indiana Bureau of Motor Vehicles (BMV) will initiate an administrative suspension.
This suspension is automatic and begins as soon as the BMV receives notification of the test results. It typically lasts for 180 days for a first offense. The driver does not need to be convicted in court for this suspension to take effect. The law is designed to remove potentially unsafe drivers from the road as soon as there is evidence of impairment.
Because it’s administrative, this type of suspension doesn’t involve a judge at the start. It happens through the BMV’s internal process. Drivers do have the option to request a hearing to contest the suspension, but the timeline for doing so is short, and the outcome can vary depending on the case.
Refusing a Chemical Test Triggers a Longer Suspension
Indiana follows an implied consent law, which means that by operating a motor vehicle, drivers automatically agree to submit to chemical testing if lawfully requested by law enforcement. Refusing this test results in even harsher consequences than failing it.
If a driver refuses a breath, blood, or urine test, the BMV will automatically suspend their license for one year for a first refusal. If the driver has a prior OWI conviction or prior refusal on record, the suspension increases to two years.
This suspension begins automatically once the BMV receives the refusal notice from the arresting agency. There is no need for a court conviction or hearing for the BMV to enforce the penalty.
Importantly, this kind of automatic suspension can impact the driver’s ability to request Specialized Driving Privileges, which are sometimes restricted for those who refuse chemical tests. As with test failure suspensions, drivers can request a hearing, but the process is separate from the criminal case.
Criminal Court Suspensions Are Not Automatic
Unlike administrative actions taken by the BMV, court-ordered license suspensions are not automatic. They only occur if a driver is convicted of an OWI offense in criminal court. These suspensions are part of the judge’s sentencing decision and vary depending on the severity of the offense and prior history.
For example:
- A first OWI conviction may result in a suspension of 90 days to 2 years.
- A second conviction can lead to 180 days to 2 years.
- A felony OWI involving injury or repeat offenses may carry longer suspensions.
The court has discretion to tailor the suspension based on the facts of the case. While this suspension isn’t automatic, it is mandatory upon conviction. The judge may also order that the suspension runs concurrently with the administrative suspension—or may extend it beyond that.
Courts may also issue other conditions, such as alcohol treatment or installation of an ignition interlock device, before driving privileges are restored.
What Happens If You’re Suspended Automatically?
When the BMV imposes an automatic license suspension after a chemical test failure or refusal, the driver is notified by mail. This notice includes the start and end dates of the suspension, along with instructions for challenging the action or applying for specialized privileges.
If a driver continues to drive while their license is suspended, they may face additional criminal charges, including Driving While Suspended, which can lead to jail time and extended suspension periods.
During this time, most drivers are ineligible for standard license reinstatement. However, some may qualify for Specialized Driving Privileges (SDP), which allow limited driving for essential purposes like work or medical appointments.
Failing to comply with the terms of an automatic suspension—or driving without permission—can lead to more severe penalties than the original OWI.
Can You Fight or Avoid an Automatic Suspension?
In limited situations, drivers may be able to challenge an automatic suspension, but this must be done quickly. After receiving notice from the BMV, the driver may request an administrative hearing to contest the suspension.
Some possible reasons for challenging include:
- Alleged improper administration of the chemical test
- Questions about probable cause for the traffic stop
- Disputes over test refusal classification
However, administrative hearings are separate from criminal proceedings, and success is not guaranteed. The burden of proof is often lower in administrative actions, and the BMV has significant authority to enforce public safety measures.
Even if successful, winning an administrative hearing does not impact the outcome of a criminal case. Likewise, a dismissal in court does not cancel an administrative suspension unless it’s specifically addressed in a BMV appeal.
Specialized Driving Privileges During Suspension
Indiana allows certain drivers with suspended licenses to apply for Specialized Driving Privileges (SDP). These privileges let people drive for specific purposes like commuting to work, attending school, or medical visits—despite the suspension.
To request SDP, drivers must:
- File a petition with the court
- Clearly state the need for restricted driving
- Agree to conditions such as limited hours or routes
- Possibly install an ignition interlock device
While SDP does not undo the suspension, it allows some level of legal driving. This can reduce the hardship of being unable to drive entirely. However, drivers who refused chemical testing may not be eligible for SDP for a certain period.
Courts have discretion to grant or deny these privileges, and violations of the terms can result in the privileges being revoked.
How Long Does the Automatic Suspension Last?
The length of an automatic license suspension depends on the situation:
- Failed chemical test (first offense): 180 days
- Refused chemical test (first offense): 1 year
- Refused test (with prior OWI/refusal): 2 years
These suspensions begin shortly after the OWI arrest and are enforced by the BMV. If the driver is later convicted in court, the judge may add an additional suspension—or allow time served under the BMV suspension to count toward the total.
It’s important to note that license reinstatement is not automatic once the time expires. Drivers must fulfill all requirements—such as paying fees, completing treatment, and filing proof of insurance—before their license becomes valid again.
Frequently Asked Questions About Automatic OWI Suspensions in Indiana
Is my license suspended automatically after an OWI arrest?
Yes, if you fail or refuse a chemical test, the BMV will automatically suspend your license.
What if I’m never convicted in court?
Administrative suspensions can still apply, even if criminal charges are dropped or dismissed.
How long do automatic suspensions last?
They range from 180 days to 2 years, depending on whether you failed or refused testing and your history.
Can I get a restricted license during the suspension?
Possibly. You may be eligible for Specialized Driving Privileges, depending on the circumstances.
Can I drive while waiting for my court date?
Not legally, if your license has already been suspended administratively.
Is a court-ordered suspension automatic too?
No. Court suspensions only apply if you’re convicted and the judge includes that in your sentence.
What if I didn’t receive a suspension notice?
Check with the BMV. Suspension notices are mailed, but drivers are responsible for staying informed.
Do I have to reapply for my license after the suspension ends?
Yes. You must meet all BMV and court requirements before driving legally again.
Conclusion
In Indiana, license suspension following an OWI arrest often begins automatically—especially when a driver fails or refuses a chemical test. These administrative actions by the BMV are separate from any court proceedings and do not require a conviction to take effect. Court-ordered suspensions only happen upon conviction, but they often add to the total time a driver is without full driving privileges.
Understanding when and why license suspension happens automatically in Indiana OWI cases helps clarify what to expect. For drivers navigating the OWI process, it’s important to know how the BMV and courts operate separately and what steps are needed to restore driving privileges when the time comes.
To learn more about OWI penalties and how they’re applied, visit DUI Penalties And Consequences.
For in-depth info on driving restrictions and license suspension procedures, explore License Suspension and Driving Restrictions After a DUI.