Have you lost your driving privileges due to a DUI charge in Indianapolis, IN? Whether you’re also facing jail time, fines, probation, or other penalties, a driver’s license suspension is typically one of the first punishments imposed after a DUI conviction.
Our DUI attorneys at Suhre & Associates DUI and Criminal Defense Lawyers have over 100 years of combined experience handling DUI and criminal cases. We thoroughly understand drunk driving laws and effective defenses to DUI charges. You can count on us to provide aggressive representation during all phases of your DUI case, including challenging a driver’s license suspension at a DMV hearing.
Call our law office at (317) 759-2599 to schedule a free consultation with one of our Indianapolis DMV hearing lawyers.
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How Our Indianapolis Criminal Defense Lawyers Can Help You With a DMV Hearing After a DUI Arrest
Avoiding a conviction is one of the most important aspects of a DUI arrest. However, you may also be concerned about being able to get back on the road. Losing your driving privileges after a DUI in Indianapolis, Indiana can impact your employment, personal life, and family life.
When you hire our top-rated Indianapolis DUI attorneys, you can trust we will:
- Investigate the circumstances of your DUI arrest to gather evidence for a DMV hearing and DUI defense
- Explain the DMV hearing and help you navigate the process to protect your driving privileges
- Request a hearing to challenge the initial license suspension
- Work with you to prevent your license from being suspended if possible
- Discuss your legal options for reinstating your driving privileges or obtaining a driver’s license with restrictions
- Discuss potential defenses to DUI charges to avoid a conviction and further penalties
Our legal team includes former prosecutors and police officers, giving us inside knowledge of how these offices operate. Our lawyers have a perfect 10.0 rating with Avvo and top ratings with Super Lawyers and The National Trial Lawyers.
Contact Suhre & Associates DUI and Criminal Defense Lawyers to schedule a free case evaluation with an experienced Indianapolis criminal defense lawyer.
Overview of Indiana DUI Laws
A DUI (driving under the influence) is officially referred to as an OWI (operating while intoxicated) or an OVWI (operating a vehicle while intoxicated) in Indiana. The legal limit for drunk driving in Indiana for most adults is a BAC of .08%. Drivers under the age of 21 years old have a legal limit of .02%.
It is also illegal to drive a car if you have any amount of a Schedule I or Schedule II controlled substance in your system. Examples include cocaine, opiates, marijuana, methamphetamine, and hallucinogens.
If you are convicted of OWI, you may be sentenced to jail time and receive a fine. You could also have your driver’s license suspended, serve DUI probation, be required to install an ignition interlock device, and perform community service, depending on the factors involved.
Administrative Driver’s License Suspension After a DUI in Indianapolis, IN
When you are arrested for driving under the influence, the police officer will ask you to take a certified breath test. Indiana’s implied consent laws penalize drivers if they refuse to take a breath test when a police officer has probable cause to believe the person is intoxicated.
In Indiana, refusing to take a chemical test, such as a breath, blood, or urine test, will result in an administrative license suspension by the Bureau of Motor Vehicles (BMV). For a first offense, the suspension lasts one year. If you refuse the test again in the future, the suspension could be as long as two years.
If you take a breath test and your blood alcohol content (BAC) exceeds the legal limit of 0.08%, your driver’s license will be administratively suspended for 30 days due to failing the test. This suspension is separate from any potential DUI conviction. After this period, if convicted of DUI, your license may be suspended for up to 180 days for a first offense, with the possibility of longer suspensions or additional penalties for subsequent offenses.
What Is a DMV Hearing After an Arrest for DUI in Indiana, IN?
An administrative hearing (DMV hearing) is separate from a court hearing for a DUI arrest. The hearing focuses on whether your driver’s license should be suspended. You have only 10 days to contest the suspension by requesting an administrative hearing with the BMV.
At the administrative hearing, your goal is to prove that your driver’s license should not have been suspended because there was no legitimate reason for a suspension (e.g., The officer did not have probable cause to believe you were driving under the influence.).
Proving that your driver’s license should not have been administratively suspended can be difficult. The standard of proof for challenging an administrative suspension is lower than a criminal case.
However, you cannot receive a probationary license for a refusal suspension. Therefore, much is at stake as you go into a DMV hearing. You need experienced legal counsel to give yourself the best chance of overturning the suspension.
Contact Our Indianapolis DMV Hearing Lawyer for a Free Consultation
If you are charged with driving under the influence, you have just a few days to challenge your license suspension. Contact Suhre & Associates DUI and Criminal Defense Lawyers for a free case review with an Indianapolis DMV hearing lawyer.
