Indiana traffic attorney s take note: Effective January 1, 2015, the Indiana General Assembly has dramatically changed Indiana traffic law as we once knew it. Most notably, Indiana has done away with its old scheme of driver’s license suspensions to reduce the number of suspended drivers in Indiana, and allowed many drivers, previously ineligible, to obtain limited driving privileges.
House Enrolled Act 1279-2014 amended many parts of the traffic code concerning Lake and Porter County DUI’s, as well as Indiana driver’s license suspensions that follow any traffic conviction in the State of Indiana.
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New Terms for Indiana Driver’s License Suspensions for Indiana Traffic Attorneys
The new statutory suspension range for any Indiana traffic offense now cannot exceed the maximum penalty imposed by law. For instance, operating while intoxicated (“OWI“) [driving under the influence (“DUI“)] goes from the possibility of a ninety (90) day driver’s license suspension to two (2) years to the new possibility of ZERO to two (2) years, the maximum possibly penalty for the most serious DUI offense (assuming no one was killed or injured as the result of a crash).
The Indiana General Assembly gave greater discretion to trial court judges to determine what driver’s license suspension, if any, is appropriate in any given traffic case. Among the factors that most courts will likely consider are: a) prior criminal/traffic history, b) blood alcohol content (if applicable), c) victim input, and d) Prosecutor and traffic/ criminal defense attorney input and argument, among other factors.
Administrative driver’s license suspensions imposed by the Indiana Bureau of Motor Vehicles remain mostly the same, but now, the court may stay such suspensions and instead issue what is now known as a Specialized Driving Permit, or an “SDP“.
2. What Is a Specialized Driving Permit (“SDP“)?
A Specialized Driving Permit, or SDP, follows a petition to the court asking for limited driving privileges in lieu of any driver’s license suspension imposed by the Indiana Bureau of Motor Vehicles or by the court. It can range from no restrictions at all, to only to and from work. All limitations must be specifically spelled out in the final order from the court, and SDP’s have a minimum period of one hundred eighty (180) days.
Specialized Driving Permits (“SDP’s“) replace what were formally known as “Hardship Licenses“, “Probationary Licenses“, “HTO Probationary Licenses“, and, “Work Licenses“. The only driving privileges that can be granted in place of any driver’s license suspension is the new SDP. Terms of an SDP may include hours a person may operate a motor vehicle, geographical locations where a person may operate a motor vehicle, as well as the implementation of alcohol monitoring devices such as the SCRAM bracelet or the ignition interlock device being installed in the person’s vehicle.
The only two (2) groups who are not eligible to receive specialized driving privileges are 1) those who refused a chemical test pursuant to a Lake or Porter County DUI, and 2) those who have previously violated the terms of an SDP. This new law leaves open the question of whether persons previously adjudicated as a “habitual traffic offender” (also, “habitual traffic violator“) or otherwise face a long-term or lifetime driver’s license suspension are eligible to have limited driving privileges under an SDP.
If you have been cited or charged with an Indiana driving offense such as operating while intoxicated (“OWI“) or driving under the influence (“DUI“), the Indiana traffic attorney s of Schwerd, Fryman & Torrenga, LLP can help! SFT Lawyers have more than fifty (50) years of combined experience as Indiana traffic attorney s, and will work to get you the best possible outcome for your traffic ticket or criminal traffic offense. CALL (219) 841-5683 TODAY for a FREE CONSULTATION!