Your license does not suspend automatically—Indiana requires a separate administrative action

An OWI (Operating While Intoxicated) conviction in Indiana does not trigger an automatic license suspension. Instead, the suspension happens through a distinct process: either the court orders it as part of sentencing, or the Indiana Bureau of Motor Vehicles (BMV) imposes it based on the arrest itself. The timing and length of suspension depend on whether you refused a breath or blood test, whether it is your first offense, and what the court decides at sentencing. You will not wake up with a suspended license unless one of these actions has already occurred.

Understanding which suspension applies to you matters because the steps to restore your license differ. A court-ordered suspension and a BMV administrative suspension are separate, and you may need to address both before you can drive legally again.

Key Takeaways

  • An OWI arrest does not automatically suspend your license; suspension requires either a court order or a BMV administrative action.
  • If you refused the breath or blood test, the BMV can suspend your license for 1 year on the arrest alone, before any court hearing.
  • If you took the test and failed, the BMV suspension is 180 days for a first offense, but only if the court does not order a longer suspension.
  • The court may order a separate suspension at sentencing that runs longer than the BMV administrative suspension, and both must expire before you regain full driving privileges.
  • You can request a BMV hearing to challenge the administrative suspension, but you must do so within 10 days of the arrest notice.

The BMV administrative suspension versus the court-ordered suspension

Indiana has two separate suspension systems for OWI. The first is the BMV administrative suspension, which the Bureau of Motor Vehicles imposes based on the arrest and test results alone—the court does not have to be involved. The second is the court-ordered suspension, which the judge imposes as part of sentencing after conviction or plea.

The BMV administrative suspension begins when ready after arrest if you refused the test or failed it. The court-ordered suspension begins on the date the judge specifies in the sentencing order, which may be the same day as conviction or later. If both suspensions explore to you, you must wait for both to expire. The BMV will not restore your license until the court suspension has also ended.

When the BMV suspends your license without a court order

The BMV can suspend your license on its own authority within days of your arrest, without waiting for a trial or conviction. This happens in two situations: if you refused the breath or blood test, or if you took the test and the result was 0.08 or higher (or 0.02 or higher if you were under 21).

If you refused the test, the BMV suspension is 1 year for a first refusal. If you took the test and failed, the BMV suspension is 180 days for a first offense. The officer will give you a notice of suspension at the time of arrest or shortly after. This notice tells you the suspension date and your right to request a hearing.

You have 10 days from the date on the arrest notice to request a hearing with the BMV to challenge the suspension. If you do not request a hearing within 10 days, the suspension takes effect automatically. If you do request a hearing, the suspension is delayed until after the hearing, which may take several weeks to schedule.

What the court can order at sentencing

After you are convicted or plead guilty to OWI, the judge will impose a sentence that may include a license suspension. The court suspension is separate from the BMV administrative suspension and often lasts longer. For a first OWI conviction, the court can order a suspension of 6 months to 2 years. For a second or subsequent conviction, the suspension can be 1 to 10 years or longer.

The judge will state the suspension length in the sentencing order, which you will receive in writing. The suspension begins on the date the judge specifies—sometimes when ready, sometimes 30 days later to allow you to arrange transportation. If the court suspension is longer than the BMV administrative suspension, you will be waiting for the court suspension to end before the BMV will restore your license.

How to learn about your license is currently suspended

You can check your license status through the Indiana BMV website or by visiting a BMV branch in person. The online system will show you any active suspensions, the reason for each suspension, and the date it will be lifted. You can also call the BMV at 317-615-7293 to ask about your status, though the online system is faster.

When you check, look for two pieces of information: the BMV administrative suspension (if any) and the court-ordered suspension (if any). If both are listed, both must expire before your license is restored. If only one is listed, that is the only suspension you are serving. Write down the expiration date of each so you know when you are may be able to access to drive again.

Steps to restore your license after suspension expires

When your suspension period ends, your license does not automatically become valid again. You must take action to restore it. The process depends on whether you have a BMV administrative suspension, a court suspension, or both.

If you have only a BMV administrative suspension, you can restore your license by visiting any BMV branch with a valid ID and paying the reinstatement fee (currently $75 for most suspensions). The BMV will issue you a new license or reinstate your existing one on the spot.

If you have a court-ordered suspension, you must first obtain a certified copy of the sentencing order showing that the suspension period has ended. Bring this to the BMV along with your ID and the reinstatement fee. The BMV will not restore your license without proof that the court suspension has expired.

If you have both suspensions, wait until both expiration dates have passed, then bring the certified sentencing order and your ID to the BMV. The BMV will verify that both suspensions have ended before restoring your license.

What happens if you drive while suspended

Driving with a suspended license in Indiana is a separate criminal offense. A first violation is a Class B misdemeanor, punishable by up to 180 days in jail and a fine up to $1,000. A second or subsequent violation within 5 years is a Class A misdemeanor, with up to 1 year in jail and a fine up to $5,000. The court can also extend your suspension by an additional 6 months to 2 years.

If you are stopped while suspended, the officer will confiscate your license and may impound your vehicle. You will face both the criminal charge and the additional suspension. It is not worth the risk. If you need to drive during your suspension, you may be able to request a work permit or hardship license from the court, which allows limited driving for employment or medical purposes.

Frequently Asked Questions

Can I get a work permit to drive during my OWI suspension?

Yes, you can petition the court for a hardship license or work permit if you can show that the suspension causes undue hardship—usually meaning you cannot reach your job, medical treatment, or court-ordered programs without driving. The court has discretion to grant or deny the request. You must file the petition with the court that sentenced you, not the BMV.

If I refused the breath test, is my suspension longer than if I failed it?

Yes. The BMV administrative suspension for refusal is 1 year, compared to 180 days for a failed test on a first offense. However, the court may order an even longer suspension for either refusal or failure, so the final suspension length depends on what the judge decides at sentencing.

Does my license suspension start on the arrest date or later?

The BMV administrative suspension starts on the date written on the arrest notice, usually within a few days of arrest. If you request a hearing, the suspension is delayed until after the hearing. The court-ordered suspension starts on the date the judge specifies in the sentencing order, which may be weeks or months after arrest.

What if I moved out of state—does my Indiana suspension follow me?

Yes. Indiana suspensions are reported to the National Driver Registry, and most states honor suspensions from other states. If you move and try to get a license in another state, that state will likely see the Indiana suspension and deny your process until it expires. You cannot escape an Indiana suspension by moving.

Can I get my license back early if I complete a substance abuse program?

Not automatically. Some courts will reduce a suspension if you complete a court-ordered OWI education or treatment program, but only if the judge agrees to modify the sentence. You must petition the court in writing and show proof of program completion. The BMV cannot reduce a suspension on its own—only the court can.