Your Indiana driver’s license can become suspended for a variety of reasons, including conviction for a crime (DUI, OVWI, OVWI, drunk driving, etc…), having too many tickets, failing to maintain insurance, driving on a suspended license, being a habitual traffic violator, or even falling behind on child support. Your license can also be suspended for refusal to submit to a breathalyzer test.
Historically, in Indiana, obtaining a hardship license was somewhat difficult and even if a hardship license was obtained, the driving was limited exclusively to work (it did not include court dates, school, doctor’s appointments, education, child care, etc…) Recently, Indiana lawmakers created specialized driving privileges. In most cases, a specialized driving permit is relatively easy to obtain and allows driving to a variety of locations.
A hardship license/specialized driving privileges is a type of driver’s license that allows someone to drive even though their license has been suspended. In Indiana, hardship licenses are granted by the Indiana Courts, and there are a number of factors that the Court will consider when deciding whether to grant a hardship license.
Some of the factors that the court will consider include:
- The reason for the license suspension
- The impact that the license suspension will have on the person’s life
- The person’s driving record
- The person’s willingness to obtain insurance (many Courts require SR22 $100K/300K insurance)
You can not obtain a specialized driving permit for a CDL. There are no exceptions to this rule.
If your license is suspended for refusal to submit to a breathalyzer test, you generally can not obtain a specialized driving permit. However, there are exceptions to this rule.
Your ability to obtain specialized driving privileges will be affected by a number of facts, including your criminal record and the facts of your case. However, for the vast majority of cases that I handle, we are able to obtain specialized driving privileges.
In Indiana, a hardship license is a restricted driver’s license that allows individuals who have had their driving privileges suspended or revoked to drive under specific circumstances. This type of license is legally referred to as “specialized driving privileges.” Common examples of driving that is permitted include:
- To get to work
- To get to school
- To take care of a child or elderly parent
- To go to the doctor or the grocery store
- To attend religious services
To be eligible for a hardship license in Indiana, you must have had your license suspended or revoked for certain reasons, such as a DUI conviction, multiple traffic violations, or failure to pay child support. You must also demonstrate that you have a significant hardship that requires you to drive, such as employment, childcare, education or medical reasons.
To apply for a hardship license in Indiana, you must submit a petition to the court in the county where you reside and/or the county that suspended your license. The petition must include information about your hardship and why you need a hardship license. You may also be required to provide documentation to support your petition, such as employment verification or medical records.
If the court approves your petition, you will be issued a hardship license that allows you to drive for specific purposes, such as going to work or school, attending medical appointments, or caring for a dependent. The restrictions on your license will be outlined in the court order granting your hardship license.
It is important to note that a hardship license in Indiana is not available to everyone and is not guaranteed. The court will consider the circumstances of your case and may deny your petition if it determines that you do not meet the eligibility requirements. Additionally, if you violate the terms of your hardship license, your driving privileges may be revoked again, and you may face additional penalties.
If you have questions about your license suspension or are in need of specialized driving privileges, please call me for a free consultation. I have personally handled thousands of cases, teach criminal law at the IU School of Law, and have practiced criminal defense law my entire career. Additional information about my office is available on the home page and the in the news page.
If you are in need of an Indiana expungement attorney, Indiana criminal defense attorney, or forfeiture attorney, please call me for a free consultation at 317-695-7700. I have personally defended thousands of cases, teach criminal law at the IU School of Law, am a top rated attorney, and have practiced criminal defense my entire career. Additional information about my office is available on the home page and the in the news page.
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