Fort Wayne License Suspension Lawyers
Seeking to Maintain Your Driving Privileges After an OWI in Allen County
One of the consequences of a DUI-related matter is the suspension of your driver's license. If your driving privileges are taken away (either because of a chemical test refusal or failure or a DUI conviction), you will not be legally allowed to operate a vehicle on Indiana roads; you could face criminal penalties for doing so. Losing your driving privileges can create various hardships, such as making it challenging to go to work or school. Fortunately, you do not have to suffer a driver's license suspension idly. You can take action to seek to prevent such from happening or have your driver's license reinstated.
Because these are complicated matters, it is vital to reach out to a skilled attorney for legal help. At Arnold Terrill, P.C., our Fort Wayne, IN, license suspension lawyers will focus on your best interests as we aggressively challenge the suspension of your driving privileges and seek driver's license reinstatement. Our team genuinely cares about helping you through this difficult time, and we will be by your side through every stage of your case.
Indiana's Implied Consent Law and Driver's License Suspension
In Indiana, one way your driver's license could be suspended in a DUI-related matter is when you refuse to take or fail a chemical test. Under the State's implied consent law (IC 9-30-6-1), any person who operates a vehicle has implicitly given permission to be subject to a blood or breath test to determine the level of alcohol in their system.
If the arresting officer has probable cause to believe that you were driving while intoxicated, they will request that you take a chemical test. They must inform you that if you refuse, you will be subject to a suspension of your driving privileges.
If you decline to submit to the test after being given this warning, the officer can immediately confiscate your license. They will then issue a temporary driving permit, which is valid until your initial hearing.
Chemical Testing Suspension Periods
The driver's license suspension periods related to chemical testing can be separated into two categories: suspension for refusal and suspension for failure (had an alcohol concentration at or above .08).
If you refused the chemical test, your driver's license may be suspended as follows:
- 1 year
- 2 years (if you have a previous DUI conviction)
- Until the court terminates your suspension order
If your alcohol concentration level was at or above the legal limit, the suspension periods are as follows:
- 180 days; or
- Until your charges have been disposed of
Requesting a Judicial Review
In Indiana, you are entitled to have a judicial hearing concerning the suspension of your driving privileges (IC 9-30-6-10). The judicial hearing is where you can contest the action by presenting evidence countering the allegations against you.
Note that the judicial hearing is not the criminal trial. Therefore, it is not concerned with whether you are guilty of operating a vehicle while intoxicated.
Instead, the judicial review focuses on the following:
- Whether the officer had probable cause to believe that you drove while intoxicated
- Whether you refused to submit to the chemical test
If you can prove that the officer did not have probable cause or you did not refuse testing, your driver's license will be reinstated. Making your case can be difficult, especially if you are unfamiliar with this process or the laws concerning your rights. That is why our license suspension attorneys in Fort Wayne are here to deliver the legal guidance you need throughout your case.
DUI Conviction and Driver's License Suspension
Another way your driving privileges may be suspended is if you are convicted of driving under the influence.
The suspension period depends on the circumstances of your case. Under IC 9-30-16-1, generally, the court may suspend your driving privileges for the maximum term of incarceration for the offense. However, different suspension lengths apply in specific circumstances (IC 9-30-16-2).
The court may order the following driver's license suspension periods:
- First DUI: Up to 60 days
- First DUI when operating a vehicle in a manner that endangers others: Up to 1 year
- Second DUI: For at least 1 year
- DUI causing bodily injury: For at least 1 year
If you are found not guilty of the underlying DUI charge, your driving privileges will not be suspended. Seeking a favorable outcome in your case requires tenacity and skill. Our license suspension lawyers in Fort Wayne will vigorously defend you.
Have an Attorney Help Get Your License Back
At Arnold Terrill, P.C., we understand the challenges you may face when your driver's license is suspended in Fort Wayne. Whether you are fighting to maintain your driving privileges at a judicial hearing or during your criminal case, rely on our team to zealously advocate for you.
Our firm has built a great reputation due to our proven track record of success in complex cases.
Our legal team will provide a vigorous defense regardless of the severity of the charge.
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We understand that time is of the essence. We are available 24/7 and offer free consultations.
At Arnold Terrill, P.C, our attorneys have a combined 75 years of legal experience.