Your license suspension is automatic in Indiana, but the timing and length depend on whether this is your first offense and whether you refused a breath or blood test

Yes, your Indiana driver's license is suspended automatically after an OWI (Operating While Intoxicated) arrest. You do not have to wait for a conviction — the suspension begins based on the arrest itself and the test results. The Indiana Bureau of Motor Vehicles (BMV) handles this suspension separately from any criminal court case, which means you could be convicted, acquitted, or have charges dropped in court, but the BMV suspension follows its own timeline and rules.

The length of your suspension depends on two things: whether you took a breath or blood test, and whether you refused it. If you refused the test, your suspension is longer than if you took it and failed. Your criminal record also matters — a first OWI carries a shorter suspension than a second or third offense.

Key Takeaways

  • Your license suspension starts automatically after an OWI arrest in Indiana, separate from any criminal court case.
  • Refusing a breath or blood test results in a longer suspension than taking the test and failing it.
  • A first-offense OWI with a failed test typically suspends your license for 180 days; refusal suspends it for one year.
  • You can request a hearing with the BMV within 10 days of your arrest to challenge the suspension, though the burden is on you to prove the stop or test was improper.
  • After suspension ends, you must explore for a new license and may be required to install an ignition interlock device on any vehicle you drive.

How long your license stays suspended depends on your test result and history

If you took a breath or blood test and it showed a blood alcohol content (BAC) of 0.08 or higher, your first-offense suspension is 180 days. If you refused the test entirely, your first-offense suspension is one year. These suspensions begin when ready after your arrest, not after conviction.

If you have a prior OWI conviction within the past five years, the suspensions are longer. A second offense with a failed test is typically one year; a second offense with refusal is two years. A third offense within five years brings even longer suspensions. The BMV counts any prior OWI convictions from anywhere in the United States, not just Indiana.

If your BAC was between 0.05 and 0.08, you may still face suspension if you were charged with OWI based on impairment rather than a specific BAC level. The suspension length in these cases can vary, so you should contact the BMV directly to confirm your specific suspension period.

The BMV suspension is separate from criminal court consequences

Many people assume their license suspension will end if they win their criminal case or have charges dropped. That is not how Indiana law works. The BMV suspension and the criminal case are two separate proceedings. You could be found not guilty in criminal court and still have your license suspended by the BMV, or vice versa.

This separation exists because the BMV suspension is based on the arrest and test result alone, while the criminal case requires proof beyond a reasonable doubt. The BMV only needs to show that you were arrested for OWI and that a test showed BAC of 0.08 or higher, or that you refused a test. The criminal court must prove you were actually driving while intoxicated.

If you want to challenge the suspension itself, you must do so through the BMV process, not through your criminal defense attorney's work in court. However, if your criminal case results in an acquittal or dismissal, you can use that outcome to request the BMV reconsider the suspension.

You have 10 days to request a hearing to challenge the suspension

After your arrest, the police officer will give you a notice of suspension. This notice tells you when your suspension begins and how long it lasts. It also tells you that you have 10 days from the date of arrest to request a hearing with the BMV to challenge the suspension.

To request a hearing, you must contact the BMV in writing or by phone. The BMV will schedule a hearing, usually within 30 to 60 days. At the hearing, you or your attorney can argue that the police officer did not have a valid reason to stop you, that the breath or blood test was administered improperly, or that you did not refuse the test. The burden is on you to prove one of these points — the BMV assumes the arrest and test were valid unless you show otherwise.

If you miss the 10-day important date, you lose the right to a hearing and the suspension takes effect as written. You cannot appeal a suspension after the important date has passed, so marking this date on your calendar is critical.

What happens when your suspension period ends

When your suspension period ends, your license does not automatically become valid again. You must go to an Indiana BMV branch in person and explore for a new license. Bring your notice of suspension, a photo ID, and proof of your current address. There is a fee to reinstate your license, which varies but is typically between $20 and $50.

If your suspension was for refusal or a second or subsequent offense, you may also be required to install an ignition interlock device (IID) on any vehicle you own or regularly drive. An IID is a breathalyzer connected to your car's ignition — you must blow into it and pass a breath test before the car will start. The device also records all tests, and the results are reported to the BMV. You pay for the device installation and monthly monitoring yourself, usually $60 to $100 per month.

The length of time you must use an IID depends on your offense. A first offense with refusal typically requires the device for one year after license reinstatement. A second or subsequent offense may require it for longer. Some people are ordered to use an IID as part of their criminal sentence as well, which can extend the requirement beyond the BMV suspension period.

Driving with a suspended license carries serious penalties

Driving while your license is suspended for OWI is a separate criminal offense in Indiana. If you are caught driving during your suspension period, you can be charged with driving with a suspended license, which is a Class B misdemeanor for a first offense. This means jail time, fines, and an additional suspension on top of your existing one.

Some people try to get a hardship license or work permit that allows limited driving during suspension. Indiana does offer a provisional license in certain situations, but it is not automatic and requires a petition to the court. You must show that you have a genuine hardship — such as a job you cannot reach by public transportation — and that you have completed an alcohol education program. Even with a provisional license, you are restricted to driving only to work, school, medical appointments, or court-ordered programs.

Alcohol education and treatment programs may reduce your suspension

Indiana law allows the BMV to reduce your suspension period if you complete an alcohol education or treatment program before your suspension ends. The program must be approved by the Indiana State Department of Health. Completing a program does not automatically shorten your suspension — you must request a reduction from the BMV and provide proof of completion.

These programs typically run four to eight weeks and cost between $300 and $800. Some are offered in-person at treatment centers; others are offered online. If you are ordered to complete a program as part of your criminal sentence, that same completion can also be used to request a BMV suspension reduction, so you do not have to take two separate programs.

The amount of reduction varies. Some suspensions can be reduced by up to half their original length if you complete a program early. Others have a minimum suspension period that cannot be reduced. Contact the BMV directly to ask whether your specific suspension is may be able to access for reduction and what program they will accept.

Frequently Asked Questions

Can I drive to work or school during my suspension?

Not without a provisional license or hardship permit. You must petition the court for one, showing genuine hardship and proof that you have completed an alcohol education program. Even with a provisional license, you can only drive to specific places like work, school, or medical appointments — not for personal errands.

What if I was arrested for OWI but the charges were dropped?

The BMV suspension is still in effect. The criminal case and the BMV suspension are separate. You can request the BMV reconsider the suspension based on the dismissal, but you must contact the BMV directly and provide documentation of the dismissal. The suspension does not end automatically.

Does my suspension start right away or after I am convicted?

Your suspension starts when ready after your arrest, not after conviction. This is why the 10-day important date to request a hearing begins on your arrest date, not your conviction date. You could still be serving a suspension even if your criminal case has not gone to trial yet.

How much does it cost to reinstate my license after suspension?

The reinstatement fee is typically $20 to $50, depending on the type of suspension. You pay this at the BMV when you explore for your new license. If you are required to use an ignition interlock device, that is an additional cost of $60 to $100 per month for installation and monitoring.

Can I get my license back early if I complete an alcohol program?

You may be able to reduce your suspension period by completing an approved alcohol education or treatment program, but the reduction is not automatic. You must request it from the BMV and provide proof of completion. Not all suspensions are may be able to access for reduction, so contact the BMV to ask about your specific case.