Specialized Driving Privileges in Indiana

Under Indiana law, a court can suspend someone’s driving privileges for a certain amount of time if they are convicted of an offense involving the use of a motor vehicle. These laws are in place to maximize road safety for everyone driving. However, driving is a necessity for many people to get to work, take children to school or daycare, go to the grocery store, etc. That is where specialized driving privileges enter the picture. A specialized driving privilege is a regulated pause on someone’s suspension of their driving privileges to allow that individual to travel to and from these places.

Indiana Code § 9-30-16 allows a court that convicts an individual for an offense involving a motor vehicle to suspend that individual’s driving privileges for a period of up to the maximum allowable period of incarceration for the offense, meaning the time that this person would have spent in jail. Indiana law also has certain minimum driving suspension requirements for specific circumstances. For example, I.C. § 9-30-16-2(a) states that if the offense caused serious bodily injury to another person, the driving suspension period must be at least one (1) year long. Further, if a person has a prior conviction for drunk driving under I.C. § 9-30-5, the driving suspension must also be at least one (1) year long. Lastly, if the offense caused the death of another person, the defendant is not entitled to any specialized driving privilege.

When seeking specialized driving privileges, an individual must file a petition in each court that has ordered or proposed a suspension on that individual’s driving privileges pursuant to I.C. § 9-30-16-3(b). Each petition must be verified by the petitioner, state the grounds for relief, and state the relief sought, among other requirements. Additionally, I.C. § 9-30-16-3(c) explains that specialized driving privileges shall be granted for a period of time as determined by the court, giving the court much discretion in determining the length of the privilege.

Once the privilege has been granted, the individual has certain responsibilities and rules that they must follow, pursuant to I.C. § 9-30-16-3(f). Among these responsibilities include maintaining proof of financial stability throughout the length of the privilege, carrying a copy of the order granting the privilege, producing the copy upon request of a police officer, and carrying a valid state identification card or driver’s license.

Obtaining a specialized driving privilege can be a difficult process to navigate. Contact McNeely Law for your specialized driving needs, as we have a team of experienced attorneys ready to help you.

This McNeelyLaw LLP publication should not be construed as legal advice or legal opinion of any specific facts or circumstances. The contents are intended for general informational purposes only, and you are urged to consult your own lawyer on any specific legal questions you may have concerning your situation.