There are several reasons that a defendant’s license can be suspended.  The length of the suspension, the requirements for reinstatement, and the possible fines for each type of suspension can widely vary. Your license can become suspended simply for failure to appear in court or failure to pay a fine on a traffic citation.  It can be suspended for driving without insurance or proper registration.  In more serious instances, your license can become suspended due to a driving under the influence (DUI) conviction.  Your license can even be suspended if you are delinquent in your child support payments.

As you can see, Indiana law gives the courts broad authority in various situations to order the Indiana BMV to suspend a motorist’s driving privileges when he/she is found guilty of a certain traffic violations and/or crimes.

Driving While License Suspended

To make matters worse, if your license has been suspended and you continue to drive, you face charges for driving while license suspended, which can either be charged as an infraction or misdemeanor, depending on your driving history.

The Indiana Code states that a person who operates a motor vehicle upon a highway while the person’s privilege, license or permit is suspended or revoked commits a class A infraction. If within 10 years of a prior infraction a person drives while their license is revoked, the infraction is then charged as a class A misdemeanor. A class A infraction carries a fine of up to $10,000.  Being charged with a class A misdemeanor while having a prior violation carries up to a $5,000 fine and up to 1 year in jail.

License Reinstatement

In addition to court punishment, fees and/or fines if your license is suspended you must reinstate your license with the BMV after the suspension period has ended.  Reinstatement carries its own fees and conditions prior to providing you a valid license.  The Indiana BMV provides information about license reinstatements, however, it requires various documents and your official driving record must show you are eligible for reinstatement.  You must show payment of the fees due to reinstate your license and proof of insurance to the BMV before your license will be reinstated.  Often times, driving records can be difficult to interpret so it is important to seek the advice of a criminal defense attorney who can assist you in getting your license back.

Hardship License

A hardship license is issued to allow you to drive for certain purposes, typically work, during your license suspension period.  A hardship license is granted by the court, and is within the judge’s discretion to allow.  Many suspension situations do not warrant a hardship license, however there are some that do.  The requirements for a hardship license vary depending on the reason for suspension.

A common example is a license that has been suspended for a DUI conviction.  If your license has been suspended for a DUI conviction, you may be eligible for a hardship license.  Note, if you have had a prior DUI conviction before the current conviction you likely are ineligible for a hardship license.  However, if it is your first DUI conviction you may be eligible upon a showing that you have successfully completed a certified rehabilitation program and that the suspension of your license causes undue hardship on your family or dependents by interfering with your work.

As stated earlier, your license can be suspended for various reasons and for differing lengths of time.  If you have questions about your license and whether it has been or will be revoked, or if you need assistance reinstating your license or obtaining a hardship license, please contact Attorney Christopher L. Arrington.  As a lawyer for clients in Danville, Avon, Brownsburg, Plainfield and the surrounding areas, Attorney Arrington works to maintain a casual, approachable atmosphere through which he can solve your problems.  He is committed to providing the highest quality of legal services to his clients in a cost-effective manner.  Please call the office today at 317-745-4494.