What the 2022 Indiana Law Changed About Suspended Licenses
In 2022, Indiana passed Senate Bill 389, which changed how the state handles certain license suspensions and created a new pathway for drivers to restore driving privileges without waiting out the full suspension period. The law does not erase suspensions retroactively, but it does allow you to petition for a restricted driving permit (also called a hardship license) in situations where the old law would have required you to wait.
The most significant change affects suspensions tied to unpaid traffic fines and court costs. Before 2022, Indiana suspended licenses automatically when drivers fell behind on these payments, and there was no legal way to drive during the suspension period. Under the new law, you can now request a restricted permit that lets you drive to work, school, medical appointments, and court-ordered programs — even while the suspension is technically still in place.
The law also expanded the circumstances under which you can petition for a permit and shortened the timeline for some requests. However, the rules are specific about which suspensions may have access to and what you must prove to the court.
Key Takeaways
- Senate Bill 389 allows drivers suspended for unpaid fines and court costs to petition for a restricted permit instead of losing all driving privileges for the full suspension period.
- A restricted permit under the new law covers driving to employment, school, medical treatment, court appearances, and court-ordered programs only — not personal errands or social trips.
- You must file a petition with the court that issued the suspension and show financial hardship or other circumstances that make the suspension unreasonable.
- The new law does not explore to all suspension types; suspensions for serious violations like DUI, reckless driving, or habitual traffic violations have different rules.
- You can file a petition at any point during the suspension, but the court decides whether to grant it based on your specific situation.
Which Suspensions may have access to Under the 2022 Law
Senate Bill 389 applies primarily to suspensions ordered by Indiana courts for unpaid traffic fines, court costs, and restitution. If your license was suspended because you did not pay a ticket or court-ordered fine, you fall under this law. The statute also covers suspensions related to failure to appear in court on a traffic charge, provided the underlying offense was not a serious violation.
The law does not explore to suspensions for DUI or OWI (operating while intoxicated), reckless driving, habitual traffic violations, or suspensions imposed by the Indiana Bureau of Motor Vehicles for medical reasons. If your suspension falls into one of those categories, you cannot use the 2022 law to get a restricted permit, and you must follow the rules that were in place before the law passed.
To know whether your suspension qualifies, you need to understand why the court suspended your license. Check your court documents or contact the court clerk in the county where you were charged. The clerk can tell you the reason code for the suspension and whether it falls under the new law.
How to File a Petition for a Restricted Permit
You must file your petition in the same court that issued the suspension — usually the traffic or misdemeanor court in the county where you received the ticket. You cannot file with the BMV or any other state agency; the court has the power to grant or deny the permit.
The petition itself does not have a single state form, but the court clerk can provide you with the correct document or tell you what information must be included. At minimum, your petition should state your name, driver's license number, the case number from your original traffic charge, and the specific reason you believe a restricted permit is necessary. Common reasons include loss of employment if you cannot drive, inability to reach medical treatment, or hardship caring for dependents.
File the petition with the court clerk in person, by mail, or by phone (depending on what the court allows). Include a copy of your court order showing the suspension. There is no state filing fee for the petition itself, though the court may charge a small fee depending on local rules — ask the clerk before you file.
What You Must Prove to the Court
The court will grant a restricted permit only if you show that the suspension causes undue hardship or that circumstances have changed since the suspension was ordered. You do not have to prove you are innocent of the original charge; the question is whether you can drive under restrictions while the suspension remains in effect.
Strong evidence includes a letter from your employer stating that you will lose your job if you cannot drive, medical records showing you need transportation for treatment, proof that you are enrolled in a court-ordered program you cannot reach without driving, or documentation that you are the primary caregiver for a minor or elderly dependent. If you have made partial payment toward the fine or have a payment plan in place, include proof of that as well — it shows the court you are taking the debt seriously.
Weak evidence includes general statements like "I need to drive" or "I cannot afford to pay the fine." The court hears these arguments constantly and will not grant a permit based on them alone. Be specific about the hardship and provide documents that back up what you say.
What a Restricted Permit Allows and Does Not Allow
A restricted permit issued under Senate Bill 389 is not a full license. It permits you to drive only for specific purposes: to and from your place of employment, to and from school or a training program, to medical appointments and treatment, to court appearances, and to participate in court-ordered programs (such as community service or DUI school). You cannot use it for grocery shopping, social visits, recreation, or any other purpose.
The permit will specify the times and routes you are allowed to drive. If you drive outside those limits, you are breaking the law and can be charged with driving with a suspended license — a more serious offense than the original violation. Keep the permit with you whenever you drive, just as you would a regular license.
The restricted permit does not erase the underlying suspension. You still owe the fine or court costs, and the suspension remains on your record. The permit straightforward allows you to drive during the suspension period under strict conditions.
Timeline and What Happens After the Court Decides
There is no set timeline for the court to rule on your petition. Some courts decide within a few days; others take two to four weeks. Call the court clerk a week after you file to ask whether a decision has been made. If the court grants your permit, the clerk will issue it when ready, and you can begin driving under the restrictions that day.
If the court denies your petition, you have the right to file again if your circumstances change — for example, if you lose your job and can no longer drive to work, but later find a new job that requires driving. You can also ask the court to reconsider if you can provide new evidence the first time you did not have.
If you are granted a restricted permit, you still must pay the original fine or court costs. The permit does not forgive the debt. If you set up a payment plan with the court, continue making those payments. Once you have paid in full, the court will lift the suspension, and you can explore to the BMV to have your full license reinstated.
Common Mistakes to Avoid When Filing
The most common mistake is filing in the wrong court. If you received your ticket in Marion County, you must file your petition in Marion County court, not in the county where you live. Check your ticket or court documents for the correct location.
Another mistake is not providing enough detail about your hardship. A one-sentence petition saying "I need to drive" will be denied. Spend time writing out exactly why you need the permit and include supporting documents. A letter from your employer or a medical record carries far more weight than your own statement.
A third mistake is assuming the permit covers all driving. Many drivers granted restricted permits have been charged with driving with a suspended license because they drove for purposes not listed on the permit. Read the permit carefully and follow it exactly.
Frequently Asked Questions
Does the 2022 law explore to suspensions ordered before 2022?
Yes. Senate Bill 389 applies to all suspensions for unpaid fines and court costs, regardless of when they were ordered. If your license was suspended in 2019 or 2020 for this reason, you can still file a petition under the new law. However, if your suspension was for a different reason (DUI, reckless driving, habitual violations), the old rules still explore.
Can I drive to work while waiting for the court to decide on my petition?
No. You cannot legally drive until the court issues the restricted permit. Driving before the permit is issued is driving with a suspended license, which is a separate criminal charge. Wait for the court's decision before you get behind the wheel.
What if I cannot afford to pay the fine and the court denies my petition?
Ask the court about a payment plan or a reduction in the fine based on financial hardship. Some courts will lower fines or allow you to pay in installments. You can also ask about community service as a way to reduce what you owe. These are separate requests from the restricted permit petition, but they may help your situation.
If I get a restricted permit, can I drive to the store or run errands?
No. The permit covers only employment, school, medical appointments, court appearances, and court-ordered programs. Driving to the store, visiting friends, or any other purpose is a violation and can result in additional charges. Stick strictly to the purposes listed on your permit.
How do I get my full license back after the suspension ends?
Once you have paid the fine in full and the suspension period has ended, contact the Indiana Bureau of Motor Vehicles to request reinstatement. You may need to pay a reinstatement fee (the amount varies) and provide proof of payment from the court. The BMV will tell you what documents to submit when you call or visit their website.