CRIMINAL DEFENSE

When you’re arrested for drunk driving in Indiana, you enter a legal process that could lead you to fines, driver’s license suspension and even time in prison. Operating a vehicle while intoxicated (OWI), also called driving under the influence (DUI), is a significant criminal offense. Even though you may potentially lose your driving privileges and may be taken to prison, you should work with a criminal defense lawyer to strategize your defense to protect your rights. 

Tanzillo Stassin & Babcock offer the support you need during this critical time. We cover the possible steps after a DUI arrest in Indiana. For specific advice regarding your case, call us for a consultation. 

Release From Jail

Law enforcement will usually release a person accused of DUI within a day after the arrest, depending on that individual’s criminal history. You might need to post bail for your release. Furthermore, the severity surrounding the events of the DUI affects how much time you are held and the amount of bail. For instance, if you were accused of causing an accident that hurt someone, this will be treated more seriously by the criminal justice system than a person who was arrested at a routine traffic stop. You need experienced criminal defense representation to help you reduce your bond or win release through your recognizance. 

Initial Hearing

The initial hearing is typically held prior to the defendant’s release from jail. The judge will inform you of your constitutional rights and the charges you face. The judge may also review a request for bail reductions or decide if you are eligible for a pre-trial release program. Your attorneys will then represent you in the hearing, where law enforcement will provide evidence against you. 

Overview of OWI Penalties

Indiana law severely punishes those convicted of drunk driving. Depending on the exact circumstances involving the incident, such as a high blood alcohol concentration (BAC) or having previous DUI records, you might be charged with a misdemeanor or a felony. There are certain aggravating factors that may further increase the severity of the charges: 

• Prior OWI convictions
• Your passenger was under 18 years old
• Someone was physically injured due to your driving
• The accident you caused killed someone 

Discovery

The discovery phase takes place before the next court date. Law enforcement and the prosecutor will disclose evidence against you, which may include chemical test results, eyewitness reports and dashcam video. Your attorney will help you proceed, whether by fighting the charges or through negotiation. 

Pretrial Conference

Pretrial conferences allow prosecution and defense attorneys to review the evidence and determine how they will proceed. There may be a single pretrial conference or several. The goal of your attorney is to secure reduced charges or have them dropped altogether before a trial ever happens. 

Discuss Your Case With Our Dyer DUI Lawyers

If you’re in need of a knowledgeable DUI lawyer who can represent your best interests, call Tanzillo Stassin & Babcock for a consultation. We can review your case and help you decide what steps would benefit your case. 

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CRIMINAL DEFENSE

Violations of probation in Indiana can have serious consequences, ranging from jail time to fines and restitution. Understanding the length of a probation violation sentence is important for those facing such charges in Indiana. An experienced Dyer criminal defense attorney can provide guidance and legal representation to those facing probation violations in Indiana. If you’re facing such charges, contact our attorneys at Tanzillo Stassin & Babcock for a consultation.

Overview of Probation Violations in Indiana

Probation is a court-ordered sanction in which offenders are released back into the community instead of being incarcerated. While probation can be beneficial, it comes with strict conditions that must be met, or else they risk violating their probation. Under Indiana law, those who do not abide by their probationary terms may face serious consequences, including additional jail time and hefty fines. 

In Indiana, probation violations are classified as either technical or substantive. Technical violations are minor infractions, such as missing an appointment with a probation officer or failing a drug test. Substantive violations are more serious and involve committing a new crime, failing to pay fines, or leaving the state without permission. The severity of the underlying offense and the criminal history of the offender will play a role in determining the length of the sentence.

Potential Consequences for Violating Probation in Indiana

In Indiana, committing a violation of your probation can have serious consequences. Depending on the severity of the original offense and the offender’s criminal history, they may face additional jail time, fines or restitution payments. Furthermore, no contact orders or revocation of probation may occur, as well as mandated counseling or rehabilitation programs. It is important to bear in mind that there will be no protection from re-sentencing for the original crime if someone violates their probation terms. 

The possible repercussions for those who violate their probation are often directly related to how serious or intentional the act was. For instance, minor infractions, such as missing an appointment with a probation officer, could result in warnings. More severe violations, like leaving the state without permission or refusing to pay fines, may result in harsher punishments, including time in jail or substantial financial penalties.

Factors that determine the length of a probation violation sentence in Indiana

Several factors influence the length of the sentence. The severity of the underlying offense, nature of the violation, criminal history and amount of time left on their probation sentence are all taken into consideration. 

Additionally, aggravating or mitigating factors that existed at the time of the offense may also affect sentencing. It is crucial for anyone charged with violating their probation to consult an experienced lawyer as soon as possible in order to understand all possible outcomes and take appropriate action.

Contact an Experienced Attorney to Discuss Your Probation Violation Charge

If you were charged with a probation violation, seek the help of an experienced Dyer criminal defense attorney immediately. Our team of attorneys at Tanzillo Stassin & Babcock is committed to helping our clients pursue the outcome they need. Contact us today for a consultation.

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CRIMINAL DEFENSE

In many criminal cases, the evidence collected from a search and seizure is the strongest against you. When the police search your vehicle, property or person, they must operate according to the Fourth Amendment of the United States Constitution and Article 1, Section 11 of the Indiana Constitution. These guidelines prohibit unlawful searches and seizures by government entities. The government’s limitations are often important in criminal cases since prosecutors cannot use evidence that was gained by violating a defendant’s constitutional rights. 

If you underwent a search and seizure in Indiana, you should contact a criminal defense attorney right away. Tanzillo Stassin & Babcock can help you review your rights: call us to schedule a consultation where you can discuss the specifics of your situation. 

When Are the Police Legally Allowed to Search Me?

Authorities are allowed to search you if they have reasonable suspicion that you are breaking the law. These Terry stops may involve a pat down of your outer garments if the officer has a reason to believe you are armed and putting others at risk. 

If an officer has a reasonable suspicion that you committed a crime, you may be arrested. In an arrest, the police can search for weapons and other evidence on your person or in the area you have immediate control over. For instance, if you are arrested at home, the police can search the room you were in at the time of the incident, but they cannot search the entire house. 

You have the right to end a police encounter if you are not being arrested. Unless the officer arrests you, he or she cannot detain you for longer than several minutes. Remain claim, but speak assertively to exercise your rights. 

When Can the Police Search My Vehicle?

Similar to a Terry stop, law enforcement can only pull over a driver if there’s reasonable suspicion that they broke the law. An officer can legally stop you if they witness you disobeying a stop light, speeding or driving recklessly (which may indicate intoxication). 

An officer can only detain you on the roadside for a short duration. You are not obligated to answer any questions he or she asks you, and you can exercise your right to remain silent. Officers need probable cause to search your car or arrest you, and if none exists, they are required to let you leave. 

Can Police Search My Property Without a Warrant?

There are three situations that permit law enforcement entry to your home: 

• You provide consent
• They have a warrant
• There is an emergency 

Extensive home searches are only allowed when the court has provided law enforcement with a search warrant against you. This differs from an arrest warrant, which lets police enter and arrest you, but without searching your property. An arrest warrant only lets police search the immediate surroundings to see if you attempted to hide or destroy evidence. 

If you give the police consent to enter, or if there is an emergency situation, they can only seize items that are plainly visible. They cannot search the home for evidence against you. 

Talk to a Criminal Defense Attorney

If you were subject to a search and seizure in Indiana, you need to know your rights. Talk to our criminal defense lawyers at Tanzillo Stassin & Babcock to determine the next steps. 

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BICYCLE ACCIDENTS

According to the National Highway Traffic Safety Administration, there are more than 840,000 bicycle accidents each year in the United States. Of those, about half result in injuries to the bicyclist. If you have been involved in a bicycle accident, it is important to understand your rights as a bicyclist and what you need to do to protect those rights. Below are some key points to know for anyone that rides a bicycle or has been involved in a bicycle accident in northwest Indiana.

Rights and Responsibilities of Bicyclists

As a bicyclist, you have the same rights and responsibilities on the road as motorists. That means you must obey all traffic laws, including stop signs, traffic signals, and yield signs. You should also ride with traffic, not against it. In Indiana, bicycles are considered vehicles and are subject to the same rules of the road as cars and trucks. Always make sure to signal your intent to other drivers on the road. Not only is this lawful, but it increases safety when other drivers know what to expect from your actions.

Do bikes have the right-of-way in Indiana?

Bicyclists do not have automatic right-of-way when they encounter motor vehicles. However, state law does require motorists to exercise due care when operating their vehicles around bicycles. That means drivers must use caution and avoid reckless or dangerous behavior that could result in an accident.

What to Do After a Bicycle Accident With a Motor Vehicle

If you are involved in a bicycle accident with a motor vehicle, the first thing you should do is seek medical attention for any injuries you may have sustained. Once you have been seen by a medical professional, you should contact an experienced personal injury attorney who can protect your rights and help you recover the compensation you deserve.

How should I document my bicycle accident?

It is also important to document the accident as much as possible. If there are witnesses, get their names and contact information. Take pictures of the scene of the accident, including any damage to your bicycle or injuries you may have sustained. Keep all medical records and bills related to your injuries. The more documentation you have, the stronger your case will be.

Understand Your Rights Before Talking to an Insurance Company

Finally, before talking to an insurance company, whether it is your own insurance company or the at-fault driver’s insurance company, you should speak with an attorney. Insurance companies are notoriously difficult to deal with and often try to lowball victims of accidents. An experienced attorney will level the playing field and make sure you are treated fairly by the insurance companies involved. 

If you have been involved in a bicycle accident, it is important that you understand your rights as a bicyclist and take steps to protect those rights. You should seek medical attention for any injuries sustained, document the accident as much as possible, and contact an experienced personal injury attorney who can help you recover compensation for your injuries. Reach out to the experienced attorneys at Tanzillo Stassin & Babcock today for a consultation.

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CRIMINAL DEFENSE

Misdemeanor charges need to be taken seriously. Even though this criminal classification is less than a felony, that doesn’t mean defendants should underestimate the potential consequences. You may face expensive fines and even time in jail if you don’t adequately prepare for the process ahead. Don’t go in alone: hiring a knowledgeable criminal defense attorney is key to protecting your future. Tanzillo Stassin & Babcock offers the guidance you need. We explore reasons for hiring an attorney to fight your misdemeanor charges. Visit our team at a consultation for advice regarding your case. 

Understanding Your Right to Self-Representation

The Sixth Amendment grants defendants the right to legal representation. The same clause says that defendants also have the right to self-representation, which must be approved by the judge. You will be read the rights that you are waiving by representing yourself. Failing to demonstrate your ability to self-represent means the court will ask you to seek the assistance of an attorney or public defender. 

Hiring a Criminal Defense Attorney

If you’re unable to prove that you can adequately self-represent and you are appointed a public defender, you won’t have a voice in this decision. Protect your best interests by hiring a criminal defense lawyer once you are charged with a misdemeanor. Hiring a lawyer lets you focus on building your defense rather than stressing over the processes involved in self-representation. 

It’s true a misdemeanor isn’t as severe as a felony, but that doesn’t mean its potential impacts are insignificant or easy to handle. In Indiana, misdemeanor charges are classified differently depending on the severity of the alleged crime. Each classification results in varying fines, prison time and probationary periods:  

• Class C Misdemeanor. Charges that fall in this classification are punishable by up to 60 days in prison and a fine of up to $500. 

• Class B Misdemeanor. A conviction for a Class B misdemeanor can lead to up to 180 days in jail and a fine of up to $1,000. 

• Class A Misdemeanor. As the most severe misdemeanor charge, a conviction could result in a year in jail and a fine of up to $5,000. 

Not only does a misdemeanor lead to expensive fees and jail time, but they leave a lasting impact on the defendant’s life. Having a criminal record can make it difficult to access employment or education, among many other long-term punishments. Hiring an attorney can mean all the difference in safeguarding your future. 

When you choose an experienced attorney to represent you in your criminal case, you are investing in a legal advocate who can ensure you fully understand the situation you’re facing. We help you learn about the criminal justice process and what to expect as we defend your rights. You will feel confident knowing we have the experience needed to build a solid defense in your favor. 

Contact Our Firm Today

Tanzillo Stassin & Babcock is prepared to handle your misdemeanor case. Don’t try to handle your criminal case alone: work alongside our legal team today.

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CRIMINAL DEFENSE

Facing an OWI (Operating While Intoxicated) charge in Indiana is a serious legal matter with potentially life-altering consequences. Whether you’re a first-time offender or have prior charges, the impact of a conviction can include steep fines, license suspension, increased insurance costs, and even jail time. For those who hold a Commercial Driver’s License (CDL), the stakes are even higher—your career may be at risk.

This guide will walk you through practical legal strategies for fighting an OWI in Indiana, including how to challenge the evidence, protect your CDL, and leverage experienced legal counsel to pursue the best possible outcome. If you’re asking how to fight a DUI in Indiana or wondering whether you can get a CDL with a DUI in Indiana, this comprehensive overview is designed to answer your questions.

Contact our Indiana OWI defense attorneys today to schedule a confidential consultation and start building your case.

Challenging the Legality of the Arrest

The first step in developing a strong DUI or OWI defense in Indiana often involves examining the legality of the initial traffic stop and subsequent arrest. Law enforcement officers must adhere to specific constitutional and procedural requirements when pulling someone over, conducting sobriety tests, or placing them under arrest. If any of these procedures are improperly handled, the evidence obtained during the stop may be excluded from court.

For example, a police officer must have reasonable suspicion to initiate a traffic stop. Without it, the stop may be considered unlawful. Additionally, if the officer failed to read your Miranda Rights or coerced a statement, that evidence could be challenged. An experienced defense attorney will scrutinize every step of the arrest process to determine if your rights were violated.

Disputing the Evidence Against You

Much of the prosecution’s case in an OWI charge hinges on chemical testing results, including breathalyzer and blood alcohol tests. However, these tests are not infallible. Several factors can affect their reliability:

• Improper calibration of breathalyzer devices
• Operator error during administration
• Contamination or mishandling of blood samples
• Medical conditions (e.g., diabetes, acid reflux) that mimic intoxication symptoms

By carefully reviewing lab procedures, equipment maintenance records, and video footage, your attorney can challenge the accuracy and admissibility of the evidence. Cross-examining the arresting officer or technician may also reveal procedural missteps that cast doubt on the prosecution’s case.

Understanding the Impact on CDL Holders

If you are a commercial driver, you may be wondering: can you get a CDL with a DUI in Indiana? While it is possible, a DUI or OWI conviction can result in a disqualification of your Commercial Driver’s License for a minimum of one year—even for a first offense. If you were operating a commercial vehicle at the time, the penalties are even more severe.

Because a CDL is often a person’s livelihood, it’s essential to fight the charge aggressively. An attorney can help you explore all available defenses or negotiate a reduced charge to protect your driving privileges and your career.

Leveraging Experienced Legal Counsel

A seasoned Indiana DUI attorney brings deep knowledge of state-specific laws, local court procedures, and prosecutorial strategies. More importantly, they understand the nuances that can make or break a case. From identifying police misconduct to negotiating with the prosecution, having the right legal representation increases your chances of avoiding a conviction or securing a favorable plea agreement.

An attorney will also help you explore diversion programs or deferred prosecution, which may allow you to avoid a criminal record entirely. In some cases, you may qualify for a conditional license that permits limited driving during a suspension.

Additional Legal Strategies

Besides challenging the arrest and evidence, other legal tactics may strengthen your defense:

• Motion to suppress evidence due to an illegal search or seizure
• Cross-examining field sobriety tests, which are often subjective
• Witness testimony to contradict the officer’s report
• Use of expert witnesses to refute scientific or technical evidence

These strategies require a detailed understanding of Indiana DUI laws, which is why personalized legal counsel is critical to your success.

What to Expect After a DUI/OWI Arrest in Indiana

After being arrested for an OWI in Indiana, you will likely face a series of legal and administrative consequences. Here’s what you can expect:

• Immediate license suspension through an administrative process
• Arraignment hearing, where charges are formally presented
• Pre-trial motions and plea negotiations
• Trial, if the case is not resolved beforehand

You may also be required to install an ignition interlock device, complete a substance abuse evaluation, and fulfill court-mandated education programs. A qualified attorney can guide you through each of these steps, ensuring that deadlines are met and rights protected.

Common OWI Defenses That Work in Indiana

Some of the most effective defenses to OWI charges include:

• Lack of probable cause for the initial stop
• Inaccurate or uncalibrated breath testing equipment
• Improperly administered field sobriety tests
• Medical conditions affecting test results
• Mishandling or contamination of blood samples

A strong defense often involves combining several of these strategies and building a cohesive narrative that creates reasonable doubt.

Frequently Asked Questions

How can I beat an OWI in Indiana?
You can beat an OWI by challenging the legality of the stop, disputing the accuracy of chemical tests, and demonstrating errors in police procedures. A qualified attorney will tailor the defense to the specifics of your case.

Can you get a CDL with a DUI in Indiana?
You can apply for or retain a CDL after a DUI, but you may face a one-year disqualification. Defending against the charge is crucial to preserving your commercial driving rights.

What are the penalties for a DUI in Indiana?
Penalties include fines, jail time, mandatory education programs, and license suspension. For repeat offenders or those with aggravating factors, the penalties increase significantly.

Will I go to jail for a first DUI offense?
Jail time is possible but not guaranteed. Many first-time offenders are eligible for diversion or probation, especially with strong legal representation.

Is it worth hiring a DUI attorney in Indiana?
Yes. Legal representation can lead to reduced charges, dismissal, or lighter penalties. Attorneys also ensure that your rights are upheld throughout the process.

Take Action Today

Being charged with an OWI in Indiana is a serious matter, but it’s not one you have to face alone. From protecting your license to avoiding a criminal conviction, our legal team is committed to helping you achieve the best possible outcome. If you’re wondering how to fight a DUI in Indiana or concerned about your CDL eligibility, we can help.

Don’t try tackling this alone – contact an expert DUI attorney at Tanzillo Stassin & Babcock today and start fighting back!

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CRIMINAL DEFENSE

Maybe the police suspect that you are driving while intoxicated. Or, you consented to a search, and an officer discovered potentially incriminating evidence against you. No matter the situation, Indiana drivers should know their rights. When you’re stopped by a police officer while in traffic, knowing federal and state laws for search and seizure can help you defend your rights. Our attorneys at Tanzillo Stassin & Babcock, P.C. can review your case at a consultation. 

What Is Search and Seizure?

Search and seizure is a legal term referring to an examination of someone’s property by a law officer. A search and seizure is completed to gather evidence when authorities believe that an individual may have committed a crime. Laws restrict when and how a search and seizure can be done. 

An officer demanding to search your vehicle without explanation can be understandably frightening. You should discuss the incident with an attorney to discern whether your rights may have been violated.   

Vehicle Searches in Indiana: What’s Legal?

Many people turn to our attorneys at Tanzillo Stassin & Babcock with questions about Indiana’s search and seizure laws. No matter the reason they were stopped, there are plenty of questions regarding the search’s legality and if evidence gathered in the search can be suppressed. 

In most cases, police must acquire a warrant to search a person or property. However, there are certain exceptions to be aware of, including the plain view exception and its extension, the plain smell exception. This provision grants officers reasonable cause to believe you possess marijuana if they smell it, which allows them to search your vehicle for containers of marijuana. Additionally, if the officer finds evidence of another possible crime that is visible during the search, that evidence may also be used. 

It isn’t unusual for law enforcement to include in the police report that they smelled burnt or raw marijuana based on their training and used that to search the vehicle. Whether the smell was truly obvious is a problem that the court would need to address in a suppression hearing. 

Contenting to Vehicle Searches

Officers can also search a car for marijuana and other drugs is by receiving consent from the driver. The officer can request to search the vehicle if the driver is already stopped for a traffic violation. Even if the driver grants consent, he or she may still refuse consent to search the trunk or a closed box. This refusal is not grounds for the officer to obtain a warrant. Furthermore, if the person is in custody, the officer needs to inform that individual of their Pirtle Rights, which state that consent is voluntary and that they have a right to an attorney. 

Contact a Dyer Criminal Defense Attorney Today

In Indiana, there are certain laws outlining vehicular search and seizure, and it’s important to understand how these laws impact your rights if you are pulled over for a search. If you recently underwent a search and seizure, call an attorney at the soonest opportunity. Tanzillo Stassin & Babcock, P.C. are available for an initial consultation to discuss your case. 

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CRIMINAL DEFENSE

For many people, daily life is hard to imagine without a car. We rely on them to commute to work, take the kids to school and complete other errands. If you’re found driving with a suspended license, you can end up in a complex legal battle that makes your life even more difficult. Fortunately, there’s hope when you work with a criminal defense lawyer who is familiar with traffic laws in Indiana. Tanzillo Stassin & Babcock delivers tenacious support through your case. If you need advice regarding your specific circumstances, call our firm for a consultation. 

What Happens If You Violate Indiana Traffic Laws?

Even though most of us need to drive for one reason or another, we are not entitled to such a right. Your driving privileges can be revoked in Indiana due to many reasons, including traffic offenses. Laws prohibit individuals from driving without a valid license. When someone drives under license suspension, their actions violate Indiana Code (IC) 9-24-19-1. Penalties for a Class A infraction can involve fines of up to $10,000. As such, it’s recommended that you speak to an attorney to discuss the possibility of obtaining specialized driving privileges or license reinstatement. 

Possible Consequences of Driving on a Suspended License in Indiana

In Indiana, driving while suspended can lead to jail time. You may face up to a year in jail if you are convicted of driving under suspension for a second time in the span of 10 years. Violating IC 9-24-19-2 is considered a Class A misdemeanor, and law enforcement may charge you with such if your license was revoked due to a drug charge. Notably, driving with a license that was suspended due to drug-related charges can result in even more significant penalties. These consequences may be further increased to felony charges if a catastrophic accident occurs.

• If someone is injured in an accident that occurs while your license is suspended, you may face a Level 6 felony that can lead to two and a half years in jail. 
• If another person dies or is catastrophically injured in an accident that happens while your license is suspended due to a drug conviction, you may face a Level 5 felony that can result in up to six years in jail. 

Given the significant penalties for driving on a suspended license, the first step you take should be to contact a criminal defense attorney. We can provide in-depth advice regarding your individual circumstances and help you understand Indiana traffic laws. Our attorneys are here to guide you to the resolution you need and help you learn what it takes to protect your best interests. 

Contact Our Attorneys for a Consultation

If you were caught driving under license suspension, Tanzillo Stassin & Babcock can help you learn about your options. We can explain the criminal justice system and help you understand the potential consequences that you face. Building a defense strategy can increase the chances of an outcome that supports your interests, so contact us to schedule an initial consultation.

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CDL DEFENSE

A DUI charge can lead to serious consequences for anyone. You may face long-lasting marks on your criminal record and even risk losing your driver’s license. For commercial truck drivers, however, or those with a commercial driver’s license (CDL), these consequences are even higher. A DUI charge can mean the end of their career.  

If you are a commercial driver who has been accused of driving under the influence, you should contact a skilled lawyer at the soonest opportunity. Tanzillo Stassin & Babcock P.C. provides unwavering assistance to defend your rights at every stage of the process. We can review your case and help you know what to expect for the road ahead.  

DUI Charges for CDL Holders

Commercial truck drivers are held to higher expectations in comparison to the typical motorist. They are professional drivers that must drive carefully, uphold public safety and never operate a vehicle while intoxicated. Additionally, those with a commercial driver’s license are subject to a distinct definition of impairment under Indiana law. Because of these higher requirements, business drivers must abide by different DUI regulations. 

BAC Limits for Commercial Truck Drivers

Most people believe that a 0.08% BAC is needed to be convicted of a DUI—and this does apply to anyone driving their personal vehicle. But Indiana laws restrict CDL holders to a BAC of no more than 0.04% when driving a commercial motor vehicle. If caught with a BAC beyond this level, they can be charged with a DUI due to the higher standards they are held to. 

Commercial drivers are expected to limit their alcohol consumption or drink nothing at all before their shift. It doesn’t take much drinking to surpass 0.04%, and driving a commercial truck with a BAC above this limit is a Class C infraction. Whether they are operating a commercial vehicle or not, all drivers can be charged with operating while intoxicated if substances prevent them from driving safely. In other words, a driver’s BAC level isn’t the sole factor that determines whether they will face DUI charges. Other controlled substances and medications can impair their driving capabilities while not involving BAC at all. 

What Are the Effects of a DUI Charge on CDL Holders in Indiana?

In addition to the criminal penalties for a DUI, a CDL holder who is convicted of drunk driving while operating a CMV (0.04% or higher) or their own vehicle (0.08% or higher) is prohibited from operating a CMB for a year. A CDL suspension lasting 3 years will be imposed if the offender’s first conviction for OWI or refusal to submit to a test occurred while operating a commercial motor vehicle carrying hazardous items. 

Speak to a DUI Attorney Right Away

After a DUI charge, a CDL holder may face significant impacts that complicate their career. A 1 to 3-year license suspension is a long period of time that you’ll need to find other employment. Fight the charges alongside a DUI attorney who can help you build a solid defense in your favor. Call Tanzillo Stassin & Babcock P.C. if you are a CDL holder who faces a DUI charge. We are availa

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DRIVERS LICENSE SUSPENSION

In Indiana, there are plenty of reasons a driver’s license may be suspended. Whether you forgot to pay a ticket or were convicted of a traffic offense, you are at risk of losing your driving privileges. However, some people are eligible for a hardship license, which Indiana statutes refer to as specialized driving privileges. Both terms mean the same thing: a restricted license allows individuals to drive to and from work, school, and certain other necessities while their license is suspended. There are several hardship licenses in Indiana, and an attorney can help you become familiar with them. Call Tanzillo Stassin & Babcock P.C. for a case evaluation to learn your options. 

What Are Specialized Driving Privileges?

After your driver’s license is suspended, you lose your driving privileges and cannot lawfully operate a motor vehicle. However, these consequences can generate significant hardship for people who need to drive to drop off their kids at school, get to work, and do other everyday tasks— and that’s true for most people. License suspension can cause loss of employment, trouble finishing obligations and even cause housing insecurity, all due to committing a traffic offense.

Fortunately, Indiana law provides options after driver’s license suspension. In certain circumstances, the court may grant a stay of suspension by issuing an order for specialized driving privileges. A limited license allows you to drive while under certain statutory requirements that are determined based on your unique circumstances. 

When Do the Courts Grant Specialized Driving Privileges?

Criminal convictions often result in a court-ordered license suspension. For example, driving while intoxicated or leaving the scene of an auto accident can warrant a license suspension. What many people don’t realize is that they may be eligible to apply for a hardship license during the period of suspension. The request needs to be made to the court that initially suspended your license, and many will approve the request if the right conditions are met. 

No Insurance Suspension

All Indiana drivers need to have auto insurance. Driving without auto insurance will lead to a license suspension lasting between 90 days and 1 year. Fortunately, a hardship license is available for those who lost their driving privileges due to this reason. Generally, an individual may qualify for this hardship license if they could not get auto insurance due to an extenuating circumstance and now they currently have insurance coverage. Even if the applicant’s license was previously suspended, they might qualify. 

Habitual Traffic Violator Suspension

The Indiana BMV may designate a person to be a Habitual Traffic Violator (HTV) if they commit a certain number of violations within a 10-year period. Depending on how severe the convictions were, an HTV can have their license suspended for 5 years, 10 years or permanently. During these lengthy sentences, however, Indiana law allows hardship licenses to be available. 

Unpaid Tickets

Unlike the aforementioned situations, the court does not typically grant a hardship license for an unpaid ticket. Instead, the offender should pay off the ticket if possible, although certain exceptions may exist. 

Talk to An Attorney

If you have a suspended license and want to know if you are eligible for specialized driving privileges, talk to the attorneys at Tanzillo Stassin & Babcock P.C.

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