As an Indiana DUI Attorney, I receive many unfortunate calls from people who have come to me from other local or non specialized attorneys wanting to know why they have received a ”double” license suspension imposed by the Indiana BMV in addition to the court ordered suspension the person thought was negotiated and ordered by the court.
Speaking for court cases in Indiana, but a potential lesson in any state is the fact that a plea agreement dealing with the length of one’s drivers license suspension following a dui conviction is strictly an agreement as to a court ordered license suspension. As a result, too many lawyers do not make people aware that an Indiana driver can face an additional “administrative” license suspension imposed by the Indiana Bureau of Motor Vehicles in certain circumstances:
Did your dui case in Indiana involve evidence submitted of a “refusal” to take a breath test for intoxication?
If a criminal dui prosecution in Indiana involves an assertion by the officer that a Defendant “refused” the breath test offered, your Indiana dui attorney must specifically address within negotiated settlement terms or through a designated hearing with the sentencing court that a separate driver’s license suspension for a “refusal” will “terminate” by court order. Without such a court order, a separate drivers’s license suspension for the refusal of up to 2 years can be imposed by the Indiana BMV in addition to the specific term of suspension ordered by the judge.
On the date being sentenced for an Indiana dui conviction does your ten year driving history contain either 2 other major driving violations or 8 or more minor moving violations?
In Indiana, even with a negotiated plea agreement to a driver’s license suspension of up to 2 years for an Indiana dui conviction, the convicted driver’s Indiana license can be further restricted by the Indiana Bureau of Motor Vehicles for 10 additional years if the convicted driver has accumulated 3 major moving violations (DUI, Reckless Driving, Driving While Suspended by court order) within a ten year time frame. If one has accumulated 8-9 minor moving violations (speeding tickets, etc.) in combination with even one DUI or Reckless Driving conviction during a ten year window, the Indiana BMV can order that the driver’s license be restricted for 5 additional years. These back to back license suspensions are labeled “Habitual Traffic Violator” suspensions and are not always focused on with sufficient detail by attorneys or judges within Indiana dui court.
Do not allow yourself to suffer the fate of too many caught unaware of additional administrative license suspensions before it’s too late. When challenging an Indiana dui prosecution be aware of these potential additional license suspensions and be pro active in assessing your potential for a Habitual status before potential agreements are worked out on your behalf.
If being prosecuted for an Indiana dui arrest with an out of state driver’s license, make sure that your state will accept the court ordered suspension imposed for a dui conviction in the State of Indiana
While most states will accept the length of driver’s license suspension imposed on one with an out of state license for a dui conviction in the State of Indiana, some states will not. It is therefore crucial that before entering into an agreement on an Indiana dui conviction that an experienced dui attorney in one’s home state be consulted to insure that the home state’s department or bureau of motor vehicles will accept the terms of the Indiana imposed dui driver’s license suspension.