Indiana Specialized Driving Privileges & Lifetime Suspension Relief

If your Indiana driver’s license has been suspended – even for life as a Habitual Traffic Violator (HTV) – you are not out of options. Indiana law provides Specialized Driving Privileges (SDPs) (commonly known as “hardship licenses”) that can let you drive on a limited basis while your license is suspended. There is also a legal process to rescind a lifetime suspension entirely under certain conditions. Our criminal defense firm is here to guide you through obtaining SDPs or pursuing the rescission of a lifetime/HTV suspension, so you can regain the freedom to drive legally and move forward with your life.

What Are Specialized Driving Privileges (SDPs)?

Specialized Driving Privileges are court-granted privileges that allow a suspended driver to drive for specific essential purposes – such as employment, medical appointments, school, or childcare – despite an active license suspension. In other words, an SDP “stays” (pauses) your suspension for a period of time, letting you legally drive under strict limitations set by the court. Indiana introduced SDPs in 2015, replacing the old narrow “hardship license” (which was previously available only to drive to and from work in cases of extreme hardship). SDPs are much more flexible now, allowing judges to tailor driving privileges to many life needs without the old one-purpose restriction.

How SDPs Work: When a court grants specialized driving privileges, it will issue an order outlining where, when, and for what purposes you can drive. For example, an SDP order might permit driving to and from work, medical appointments, grocery shopping, child visitations, or other necessary locations at designated times. Courts can also impose conditions such as requiring an ignition interlock device (a breathalyzer attached to your car) or limiting driving to specific hours or routes. You must carry a copy of the court order and maintain proof of insurance (usually an SR-22 filing) while driving under an SDP. Violating any condition of an SDP can result in the privileges being revoked and your suspension being re-imposed in full, so compliance is critical.

Duration of Specialized Driving Privileges: Indiana law requires that any SDP, once granted, remains in effect for at least 180 days (about six months). In many cases, courts will set the SDP period to align with the suspension length or another reasonable period.

Who Qualifies for Specialized Driving Privileges in Indiana?

Most suspended Indiana drivers qualify for SDPs. In fact, Indiana law explicitly makes almost all types of license suspensions eligible for specialized driving privileges – including suspensions for habitual traffic violator (HTV) status, DUI/OWI offenses, driving without insurance, court-ordered suspensions, and more. Even individuals facing lifetime license suspensions under the HTV law are eligible to seek an SDP. This broad eligibility reflects the legislature’s intent to give people a second chance to drive for basic needs.

However, there are some important exceptions. Under Indiana Code § 9-30-16-1(a), you cannot get specialized driving privileges if you fall into any of these categories:

• Non-Residents: You have never been an Indiana resident (SDPs are only for Indiana license holders).
• Refusal Suspension: Your current suspension is because you refused a chemical test (e.g. breath or blood test) during a DUI stop. (Courts cannot grant an SDP in this scenario, though a separate statute may allow limited driving with ignition interlock in certain refusal cases.)
• Offense Involving a Death: Your suspension resulted from a conviction for an offense involving the operation of a vehicle that caused someone’s death. For example, if you were convicted of vehicular homicide or OWI causing death, you are not eligible for an SDP.
• Multiple SDP Violations: You previously obtained specialized driving privileges and then violated those privileges more than once (especially if the violations involved an injury or death). Repeat abuse of SDP terms disqualifies you from getting them again.
• Deemed Incompetent/Unsafe Driver: The Bureau of Motor Vehicles (BMV) suspended or revoked your license because you were found incompetent or unfit to drive (for instance, due to a medical condition). Likewise, if you have a suspension for certain serious traffic violations like failure to stop for a school bus (IC 9-21-12-1(b)) or a second offense of reckless driving in a work zone (IC 9-21-8-52(e)), you cannot obtain an SDP.

For everyone outside these narrow exceptions, specialized driving privileges are available. That means even if you have a lengthy HTV suspension, a suspension due to multiple DUIs, or other infractions, you still can petition the court for an SDP. We can evaluate your specific situation to confirm your eligibility. If you’re eligible, we’ll work with you to assemble a strong petition demonstrating why you need to drive and how you will do so safely and responsibly.

How to Apply for a Specialized Driving Privilege

Obtaining an SDP requires filing a formal petition in court. This is essentially asking a judge to stay (temporarily lift) your suspension and grant you limited driving rights. The process can be procedural and detail-intensive. Here are the general steps our attorneys will guide you through:

1. Obtain Your Driving Record: First, we pull your official Indiana driving record from the BMV. This record will show the suspensions and their causes, which we need to reference in your petition. It’s important to verify all suspension dates and reasons.
2. Draft a Verified Petition: We prepare a verified petition for specialized driving privileges. “Verified” means you will sign it under oath. The petition must include key information such as your full name, date of birth, and address, and state the grounds for relief and the specific privileges you are seeking (for example, permission to drive to work daily from 8am-6pm, to medical appointments, etc.). We will clearly explain why you need to drive – detailing your employment, family responsibilities, medical needs, or other hardships – and how not having driving privileges causes undue burden. The petition basically tells your story and proposes a tailored driving plan for the court’s approval.
3. File in the Appropriate Court: Filing in the correct court is crucial. If your suspension was ordered by a court (for example, as part of a criminal sentence for OWI or as an HTV conviction), you must file your SDP petition in the same court that issued that suspension. If you have multiple court-ordered suspensions from different cases, you may need to file a petition in each relevant court. If your suspension is an administrative one by the BMV (not tied to a specific court case), Indiana Code § 9-30-16-4 says you should file the petition in the circuit or superior court of your county of residence. We will determine the proper venue for your situation and ensure the petition is filed correctly.
4. Serve Notice to BMV and Prosecutor: After filing, a copy of your petition must be served on the Indiana BMV and the local county prosecutor’s office. The prosecutor will represent the State/BMV in any court proceedings on your petition. We handle the service process and communicate with the prosecutor as needed. In many cases, prosecutors may not object as long as the petition meets legal requirements, but if there are objections, we will address them in court.
5. Court Hearing & Order: In some instances, the court may rule on your petition without a formal hearing (especially if the State does not object). However, often the court will set a hearing date. At the SDP hearing, we advocate on your behalf – presenting evidence of your need (such as employment letters or medical appointments) and your good conduct (such as efforts at rehabilitation, lack of recent violations, etc.). Our goal is to satisfy the judge that granting you limited driving privileges is in the interest of justice and public safety. If the judge agrees, they will issue a Specialized Driving Privileges Order. This court order will specify exactly when and where you are allowed to drive, and any special conditions (like installation of an ignition interlock or periodic status checks). Once the order is signed, we make sure you understand all its terms and obtain a certified copy for you to carry.

After Approval: With an SDP order in hand, you must adhere strictly to its conditions. Indiana law requires SDP holders to maintain proof of insurance (SR-22) at all times and to carry a copy of the SDP order while driving, producing it to any police officer on request. Failing to have insurance or violating any condition (driving outside allowed hours/locations, etc.) can result in the court revoking your specialized driving privileges. We advise our clients thoroughly on compliance to prevent any missteps. Remember, an SDP is a second chance – misuse it, and you could be back to a full suspension with little hope of another SDP. Used responsibly, however, an SDP can be a lifeline that keeps you working and taking care of your family until your suspension period ends.

Habitual Traffic Violators (HTV) and Lifetime License Suspensions

Habitual Traffic Violator status is one of the most serious drivers’ license sanctions in Indiana. The HTV law (Indiana Code § 9-30-10) targets drivers with multiple serious traffic offenses within a 10-year span. If you accumulate the requisite offenses, the BMV will classify you as an HTV and impose a lengthy suspension of your driving privileges. The length of an HTV suspension can be 5 years, 10 years, or even life, depending on the offenses involved.

For example, under Indiana’s HTV criteria:

• 10-Year Suspension: Three major traffic offense convictions in 10 years (such as DUI/OWI, reckless driving, felony vehicular offenses) typically result in a 10-year license suspension. Likewise, two major convictions involving injury or death (e.g. vehicular manslaughter, OWI causing serious injury) in 10 years will trigger a 10-year suspension.
• Lifetime Suspension: Certain combinations of very serious offenses can lead to a lifetime suspension. Indiana law provides that if a driver accumulates two or more convictions for OWI causing death within a 10-year period, the penalty is a lifetime forfeiture of driving privileges. In short, multiple fatality-related offenses almost guarantee a lifetime ban. Additionally, in the past, Indiana law mandated a lifetime suspension for some HTV-related crimes (as discussed below).

Driving While HTV – Old vs. New Law: One common way drivers ended up with lifetime suspensions was by driving while suspended as an HTV. This is a Level 6 felony in Indiana (IC 9-30-10-16) – essentially, getting caught driving when you know you’re under an HTV suspension. Before 2015, the law required a lifetime license forfeiture for any felony conviction of driving as an HTV (on top of criminal penalties). In other words, if you were an HTV and you drove and got convicted, you automatically lost your license for life – no questions asked. This harsh rule left many people with permanent suspensions. However, the law changed in 2015. The Indiana General Assembly removed the automatic lifetime forfeiture clause from the HTV statute. Now, if you are convicted of driving while suspended as an HTV, the judge can still suspend you further, but it’s discretionary and not for life. The court may impose an additional fixed suspension period rather than a lifetime ban.

Specialized Driving Privileges for HTVs: The good news is that being labeled an HTV – even with a very long or lifetime suspension – does not bar you from seeking specialized driving privileges. Indiana’s SDP law explicitly states that “[a] person whose driving privileges are suspended or forfeited for a determined period or for life under [the HTV chapter] is eligible for specialized driving privileges.” In practice, this means if you are serving a 5-year, 10-year, or life HTV suspension, you can petition for an SDP to drive for essential purposes during that suspension. Many of our HTV clients have successfully obtained SDPs that allow them to continue working and caring for family despite their HTV status. Courts will closely scrutinize your driving history in these cases, but with a well-prepared petition and sometimes a demonstrated period of clean behavior, it is often possible to obtain relief. The Indiana Supreme Court has affirmed that even individuals with lifetime HTV suspensions can pursue SDPs (see the Reinhart case discussed below), so long as they file in the proper venue and meet the statutory conditions.

Rescinding a Lifetime Suspension (IC 9-30-10-14.1 Petitions)

Beyond temporary specialized privileges, Indiana law also provides a way to permanently regain your full driving privileges if you’ve been suspended for life as an HTV. This is done through a Petition for Rescission of Lifetime Suspension under Indiana Code § 9-30-10-14.1. Essentially, this law recognizes that people can change – and it offers a second chance to those who can prove they deserve their license back after a long period of good behavior.

Who Can Petition to Rescind a Lifetime Suspension? Not everyone with a lifetime ban can automatically get it lifted; there are specific criteria:

• 10-Year Waiting Period: In the typical case, you must wait at least ten (10) years from the date your lifetime suspension was ordered before filing a petition. During those ten years, you should strive to maintain a clean record (no new serious convictions) and improve your circumstances.
• No Serious Offenses Since: You must not have any convictions for very serious driving offenses (specifically, none of the offenses listed in IC 9-30-10-4(a)). These disqualifying offenses include things like vehicular homicide or other major driving felonies. Essentially, if the lifetime suspension was for something like multiple DUIs or HTV violations, you’re eligible after ten years as long as you haven’t, for example, caused a death with a vehicle in the meantime.
• Special 3-Year Exception: Indiana law provides a shorter waiting period in a narrow circumstance: If your lifetime suspension resulted solely from a conviction for driving while suspended as an HTV (the felony discussed above), you only need to wait three (3) years before petitioning. This exception recognizes that a lifetime penalty in those cases was perhaps too harsh. To use the 3-year rule, it must have been the HTV-driving offense that led to the lifetime ban, and you still must have no other very serious convictions on your record. We will review your case to see if this exception applies.

Proving Rehabilitation: Meeting the time requirement is just the first step. In your rescission petition, we will need to prove to the court that lifting the lifetime suspension is justified. Indiana Code § 9-30-10-14.1 requires the petition to describe how your circumstances have substantially changed since the suspension and to address several points:

• We must show evidence that you no longer pose a risk to public safety if allowed to drive again. This could include proof of sobriety (if alcohol was an issue), completion of rehabilitation programs, stable employment, etc.
• We must argue that continuing the lifetime suspension is no longer reasonable given your improved conduct and the hardship it imposes. Perhaps you’ve turned your life around and the original rationale for the lifetime ban (e.g. repeated dangerous behavior) no longer applies.
• We should demonstrate that reinstating your driving privileges is in the best interests of society. For instance, allowing you to drive legally may enable you to maintain employment, support your family, and stay on the right side of the law – all of which benefit the community.

We will help gather letters of recommendation, proof of any counseling or courses completed, employment records, and other documentation to strengthen your case. We’ll also prepare you to possibly testify about your past mistakes and current lifestyle changes, showing the judge that you take responsibility and will be a safe driver going forward.

Filing the Petition: A lifetime rescission petition is a civil action (separate from any criminal cases) and must be filed in the county where you currently reside (assuming you live in Indiana). If you now live out-of-state, you would file in the Indiana county where your last moving violation or conviction occurred. We will draft the petition to include all required details – similar to the SDP petition, it must be verified and include your personal information and history of the suspension. We’ll then file it with the appropriate circuit or superior court and serve copies on the local prosecutor and the BMV, as the law requires. The prosecutor will represent the State’s interest in upholding the suspension, but if we present a compelling case, they may not object too strongly, or may even agree to rescind the suspension.

Court Hearing & Outcome: The court will hold a hearing on your petition for rescission. This is essentially your opportunity to prove you deserve your license back. We will present evidence of your rehabilitation and positive conduct. The State may bring up your past driving record to argue against reinstatement, but remember, the burden is on you (the petitioner) to convince the judge. This is where having an experienced attorney is invaluable – we know what judges look for in these cases. If the court is convinced, it can order a rescission of the lifetime suspension and full reinstatement of your driving privileges. A successful rescission means your lifetime suspension is lifted – you would then be able to apply for a new driver’s license (meeting any other BMV conditions like written/road tests or fees). It is truly a fresh start: legally, it’s as if the lifetime ban is erased.

Keep in mind that a court does not have to grant a rescission just because you meet the minimum timeline. It’s a discretionary decision, so strong proof of reform is key. If the court denies the petition, typically you must wait at least three more years before trying again. We approach these petitions with utmost care, knowing how much is at stake – our goal is to present an airtight case on the first try.

Our Firm’s Expertise: Fighting for Your Driving Privileges

Navigating the legal maze of specialized driving privileges and HTV suspensions can be overwhelming. As a client-focused criminal defense firm, we understand that your ability to drive is essential to your livelihood and family. We have made it our mission to help suspended drivers in Indiana reclaim their driving rights through every legal avenue available – and our track record speaks to that commitment.

One example of our high-level expertise is the landmark case State v. Reinhart, 112 N.E.3d 705 (Ind. 2018). In that Indiana Supreme Court case, Brian Johnson successfully argued on behalf of a client with a lifetime HTV suspension, making it substantially easier for individuals with lifetime suspensions are indeed eligible for specialized driving privileges under Indiana law. The case involved a client who had a lifetime suspension after multiple HTV-related convictions in multiple counties. He petitioned for an SDP in his home county, and when the State challenged the venue and the trial court’s authority, arguing that instead of simply filing one petition for specialized Driving Privileges Reinhart had to file a petition in every county where he had an HTV conviction, we fought it all the way up to the Indiana Supreme Court. The Supreme Court agreed with our position, holding that a lifetime suspension (even one imposed by a criminal court as part of a sentence) is considered an “administrative” suspension for SDP purposes – meaning the person can seek an SDP in their county of residence. The Court affirmed the granting of our client’s SDP petition, which allowed him to drive to work, medical appointments, and fulfill basic needs despite the lifetime ban. In its decision, the Supreme Court adopted almost verbatim the rational and arguments we made on Reinhart's behalf. This victory not only helped our client regain a semblance of normal life, but it also clarified the law for countless others in Indiana. It stands as a testament to our firm’s dedication and skill in tackling complex suspension cases.

When you hire us, you get seasoned attorneys who know Indiana’s traffic laws inside and out – including the latest statutes (IC 9-30-10 and IC 9-30-16) and court rulings that can be leveraged in your favor. We take a reassuring, client-focused approach: we listen to your story without judgment, and then we devise a legal strategy to get you back behind the wheel as legally and quickly as possible. Whether it’s assembling a persuasive SDP petition or fighting for a lifetime suspension to be lifted, we will stand by you at every step.

Start Your Road to Reinstatement

Losing your license can feel devastating, but remember: Indiana law provides hope, and so do we. With specialized driving privileges, you may drive again soon for the necessities of life. With a well-prepared rescission petition, even a “lifetime” suspension can potentially be undone. Our firm has the knowledge, experience, and determination to make these opportunities a reality for you. Let us help you take the first step toward regaining your freedom to drive. Contact us today or call 317-718-7000 for a consultation, and together we will work toward restoring your driving privileges and peace of mind.