Most cases don’t get resolved this quickly but we’re using easily understandable numbers to make the example more accessible. Let’s say you spent 100 days suspended while your case ran its course. The good news-if you can call it that-is that your suspension at the beginning of the case counts toward your suspension at the end.
If you have a prior DUI / OVWI conviction, however, the court is required by law to suspend your driving privileges for at least one year. Minimum License Suspensionsįor first-time offenders, there’s no minimum required license suspension as a part of criminal sentencing. If the State won’t agree to terminate the refusal, the defendant will be facing a two-year suspension for the refusal, followed by the criminal suspension, which in this case could be as many as two-and-a-half years. A refusal with a prior is a two-year suspension and remember-the criminal suspension must run consecutive to the refusal suspension. Let’s take a more serious example and imagine a repeat DUI / OVWI offender who refused a chemical test and was charged with a Level 6 felony. Therefore, 365 days is the maximum license suspension for a Class A misdemeanor conviction. A Class A misdemeanor, for example, carries a maximum incarceration penalty of 365 days in jail. If you’re convicted of DUI / OVWI, the maximum license suspension is equal to the maximum period of incarceration for the criminal charge. A refusal suspension makes you ineligible for Specialized Driving Privileges, and any criminal suspension cannot begin until the refusal suspension is complete. Not only is it excessive in length, but the only way to get rid of it is to get the State to agree to terminate it. If you have any prior DUI / OVWIs on your record-even from decades ago-a chemical test refusal will result in a two-year license suspension.Ī refusal suspension is bad news. If you’ve never been in trouble before, a chemical test refusal will earn you a one-year license suspension.
If the police offered you a certified chemical test and you refused, that’s a different story. Regardless of what form the chemical test took, the administrative suspension will be for 180 days. The majority of judges, however, wait on the test results to impose the suspension. Some courts will suspend you immediately, even if they don’t have blood results back. This means at the start of your case, the State won’t yet have the evidence it will be using to try and convict you. If the police took blood (and not breath) for purposes of a certified chemical test, the lab analysis usually takes several weeks to complete. Assuming that you consented to a certified chemical test, and those results showed you with an alcohol concentration equivalent of 0.08* or greater, the BMV is going to suspend your license for 180 days. If you’re charged with DUI / OVWI in Indiana, the State doesn’t wait until you’ve been convicted to suspend your driving privileges.
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