What a Hardship License Is and Who Can Get One

A hardship license in Indiana is a restricted driving permit that lets you drive to specific places—usually work, school, medical appointments, and court-ordered programs—when your regular license has been suspended. You cannot use it for any other purpose. Indiana calls this permit a Specialized Driving Privileges license, and it is issued by the court that suspended your license, not by the BMV.

You can request one if your suspension was ordered by a court (for example, after a DUI conviction, accumulating too many points, or a criminal sentence that includes license suspension). You cannot get a hardship license if your suspension came directly from the BMV for administrative reasons, such as failing to pay a traffic fine or not showing up for a hearing. In those cases, you must resolve the BMV issue first.

Indiana does not automatically grant hardship licenses. The judge has the power to deny your request, and you must show the court that you have a genuine need to drive and that you will follow the restrictions.

Key Takeaways

  • A hardship license in Indiana is called Specialized Driving Privileges and is issued by the court that suspended your license, not the BMV.
  • You must file a petition with the court in the county where you were convicted or where the suspension was ordered, and you cannot do this by mail or online.
  • The court will consider your employment, school, medical needs, and whether you have other transportation options before deciding whether to grant the permit.
  • If approved, your hardship license will list the specific places you are allowed to drive to and the days and times you can drive, and violating these restrictions can result in new criminal charges.
  • The process typically takes two to four weeks from the date you file your petition, but timelines vary by county court.

Which Court Handles Your Petition

You must file your petition in the court that issued the suspension order. If you were convicted of a DUI or reckless driving, that court is the one in the county where you were charged. If your license was suspended by a judge as part of a sentence for a different crime, you file in that same court.

Do not go to the BMV. The BMV cannot issue a hardship license and will direct you back to the court. Call the clerk's office in the courthouse of the county where your case was handled. They will tell you which judge's division handles hardship petitions and what forms you need to file.

If you do not know which court handled your case, contact the Indiana Public Defender's office or your criminal defense attorney. If you cannot afford an attorney, ask the court clerk about filing a petition without one—Indiana does allow you to represent yourself in this type of hearing.

Documents and Information You Will Need

Before you go to the courthouse, gather the following:

  • Your current driver's license or ID card.
  • Proof of employment or enrollment in school (a letter from your employer or school on official letterhead, or a recent pay stub).
  • Proof of any medical appointments or treatment you need to attend (appointment letters, prescription records, or a letter from a doctor).
  • Proof of any court-ordered programs you must attend (such as substance abuse treatment or anger management classes).
  • A written statement explaining why you need to drive and what hardship you will face without a hardship license.
  • Proof that you have no other transportation (for example, a statement that public transit is not available in your area, or that you have no family member who can drive you).
  • Your case number from your conviction or suspension order.

The court clerk can provide you with a petition form, or you may be able to read one from the county courthouse website. Some counties have their own forms; others use a standard petition. Ask the clerk which form applies to your case.

How to File Your Petition

You must file your petition in person at the courthouse. Bring two copies of your completed petition and all supporting documents. The clerk will stamp and file one copy and give you the other as proof of filing.

There is usually a filing fee, which varies by county but typically ranges from $50 to $150. Ask the clerk what the fee is and what payment methods they accept. Some courts will waive the fee if you are indigent (have very little income); ask about this when you file.

After you file, the clerk will schedule a hearing date. This is usually two to four weeks away, depending on the court's calendar. You will receive a notice in the mail with the date, time, and location. Attend this hearing in person. If you do not show up, the judge will likely deny your petition.

What Happens at the Hardship License Hearing

At the hearing, you will stand before the judge and explain why you need to drive. Be honest and specific. Tell the judge where you work or go to school, what time you need to be there, and whether public transportation or carpooling is an option. If you have medical appointments, bring documentation. If you are in a court-ordered program, bring proof of enrollment and the schedule.

The judge will ask you questions about your need to drive and may ask about your driving record before the suspension. Answer truthfully. If you lie or exaggerate, the judge will likely deny your petition and may hold it against you in other legal matters.

The judge will also consider whether you have complied with other court orders, such as paying fines or attending required programs. If you have failed to do these things, your petition is less likely to be granted.

The judge will make a decision on the spot or take the matter under advisement and mail you a written order within a few days. If approved, the order will list the specific places you can drive to, the days of the week, and the times you are allowed to drive. Read this order carefully and follow it exactly.

Restrictions on Your Hardship License

Your hardship license will not be a physical card. Instead, you will receive a court order that you must carry with you whenever you drive. You must also carry your suspended driver's license and proof of insurance. If you are pulled over, show the officer all three documents.

The order will specify the routes and destinations you are allowed to use. For example, it might say you can drive from your home to your workplace on Monday through Friday between 6 a.m. and 6 p.m., and to a medical appointment on Thursdays at 2 p.m. You cannot deviate from these routes or times. Driving outside the permitted times or to an unpermitted location is a violation of the court order and can result in new criminal charges.

You cannot drive for any other reason—not for groceries, not to visit family, not for social activities. If you need to add a destination (for example, a new medical appointment), you must file a motion to modify the order and request another hearing.

What to Do If Your Petition Is Denied

If the judge denies your petition, you can ask for a written explanation of the reasons. Common reasons for denial include insufficient proof of hardship, a poor driving record, failure to comply with other court orders, or the availability of alternative transportation.

You can file a new petition after a set period of time has passed. In Indiana, this is usually six months to one year, depending on the reason for the original suspension. Ask the judge or the court clerk when you are may be able to access to file again.

If you believe the judge made an error in law, you may have the right to appeal. This is a complex process and usually requires an attorney. Contact the Public Defender's office or a private attorney to discuss whether an appeal is worth pursuing in your case.

Frequently Asked Questions

Can I drive to the grocery store or pharmacy on my hardship license?

Only if the judge specifically listed those destinations in your court order. Most hardship licenses cover only work, school, medical appointments, and court-ordered programs. If you need to add grocery shopping or pharmacy visits, you must file a motion to modify the order and request a new hearing.

What happens if I get pulled over and I do not have my court order with me?

You will be treated as if you are driving with a suspended license, which is a criminal offense in Indiana. Always carry your court order, your suspended license, and proof of insurance together. Keep them in your vehicle or on your person at all times when you drive.

Can I drive someone else in my car on my hardship license?

You can drive passengers, but only if you are traveling to a permitted destination during a permitted time. You cannot make stops along the way to drop off or pick up other people unless those stops are part of your approved route.

How long does a hardship license last?

The duration depends on your original suspension. If your license was suspended for a set period (for example, one year), your hardship license will expire when that suspension ends. If your suspension was indefinite, your hardship license may last until you meet certain conditions, such as completing a substance abuse program. The court order will state the expiration date.

Do I have to pay for the hardship license itself?

You pay a filing fee to the court when you submit your petition, typically $50 to $150 depending on the county. There is no separate fee from the BMV because the BMV does not issue the license. If the court approves your petition, there is no additional charge.