Driver's License Suspension Overview

The Edward McGlone Law Firm in Terre Haute represents individuals facing traffic violations and license suspension.  We handle cases in many counties in Indiana, including Hendricks, Owen, Parke, and Putnam county.

Under Indiana law, the court may order the Bureau of Motor Vehicles to suspend someone's license after certain significant traffic violations.  Your license may be suspended if you drive drunk, refuse or fail a breath test, or drive with a suspended license.  Numerous other crimes and violations can lead to license suspension.  The length of suspension depends on the violation and whether you have any prior offenses on your record.  After your suspension period ends, you may apply for reinstatement of your license for a fee of $150-300.

Hardship Licenses

Under Indiana law, in some circumstances a person whose license was suspended may petition for a restricted driver's license (also known as a "hardship license").  Generally, the hardship license allows the person to drive to and from work in order to avoid placing an undue hardship or burden on his family or dependents.

Probationary Licenses

In Indiana, if you obtain your driver's license when you are 16 or 17 years old, your license will be probationary until you turn 18.  When you drive with a probationary license, special restrictions apply to you.  Since the law recently changed, the restrictions that apply depend on whether you obtained your probationary license before or after July 1, 2009.  For example, if you obtained your probationary license on or after July 1, 2009, you may not use any telecommunications device while driving and you may not drive with passengers for 180 days after obtaining your license (with some exceptions).  Furthermore, a curfew applies.  The Indiana state website explains the rules that apply to probationary drivers.

Habitual Traffic Violators

If you accumulate multiple serious traffic offenses within a ten-year period, you may be classified as a "habitual traffic violator" (HTV).  HTV classification generally means that serious penalties can be imposed, including license suspension for five years, ten years, or life.
There a several ways to come under classification as a HTV, including:

• Within a ten-year period, you commit two or more "major" offenses that result in someone's injury or death.  Examples of major offenses include reckless homicide, voluntary or involuntary manslaughter, hit and run, and drunk driving resulting in someone's death.

• Within a ten-year period, you commit three or more "major" offenses, such as any of those listed above, or others, such as drunk driving, driving without a license, reckless driving, and drag racing. 

• Within a ten-year period, you accumulate ten moving violations, one of which is a "major" offense, such as one described above.

If you have been labeled a HTV, it is a felony for you to drive during the suspension period.  However, after a certain amount of time has passed since your license was suspended, you may petition to have it reinstated, with the help of an attorney.  If you have HTV status, we can run your record, identify your options, and determine when you will be eligible for reinstatement.  Generally, if the suspension is for five years, you can petition to get your license back after three years; if the suspension is for ten years, you can petition to get your license back after five years; and if the suspension is for life, you can petition to get your license back after ten years. 

Seek Knowledgeable Legal Advice

If you are facing a traffic violation, possible license suspension, or classification as a habitual traffic violator, seek advice from a Terre Haute defense attorney with experience handling traffic cases in Indiana.  At the Edward McGlone Law Office, we can help you identify your options, advocate on your behalf, and improve your chances of keeping or reinstating your driver's license.  For a free initial consultation, contact us today, or call us at (812) 645-0809.