Indiana Auto Driving Laws
Driver License Suspension, Revocation and Invalidation
A licensed driver can lose his or her driving privileges for violating
Indiana traffic laws and other laws of this state. This article summarizes the
ways in which driving privileges can be lost.
Driving While Suspended
Under Indiana driving law, if you are convicted of driving while suspended,
the violation carries a mandatory minimum suspension of ninety (90) days and not
more than two (2) years, which runs consecutively with any current
suspensions.
Habitual Traffic Violators
1. Summary: Indiana's Habitual Traffic Violator law provides serious
penalties or persons who have committed repeat offenses of Indiana traffic laws
over a ten (10) year period.
The Bureau of Motor Vehicles will use the criteria listed below to determine
if a driver qualifies as a Habitual Traffic Violator.
2. Qualifying as a Habitual Traffic Violator: Under Indiana driving law, a
habitual traffic violator is any person who, within a ten-year period collects
convictions for violations of Indiana traffic laws of the number and type
outlined below:
a. Two Serious Indiana Driving Law Offenses Resulting in Injury or Death
(Ten-Year Suspension), including:
(i) reckless homicide;
(ii) voluntary or involuntary manslaughter resulting from the operation of a
motor vehicle;
(iii) a driver involved in an accident that results in death or injury who
fails to stop at the scene of the accident;
(iv) operating a motor vehicle while intoxicated resulting in death; and
(v) operating a motor vehicle with a BAC of 0.08% or more resulting in
death.
b. Three Major Indiana Driving Law Offenses (Ten-Year suspension),
including:
(i) driving while intoxicated or with a BAC of 0.08% or more;
(ii) driving while suspended, when the suspension was the result of a
criminal act involving a motor vehicle;
(iii) operating a motor vehicle without ever having obtained a license to do
so;
(iv) reckless driving;
(v) criminal recklessness involving a motor vehicle;
(vi) drag racing or engaging in a speed contest;
(vii) leaving the scene of an accident or failing to make an accident
report;
(viii) any felony under the Indiana motor vehicle statutes or any felony in
the commission of which a motor vehicle is used; and
(ix) any of the offenses listed above in subsection a.
c. Ten Moving Violations of Indiana Driving Law, one (1) of which is a
Serious or Major Offense listed in subsection a. or b.:
In accordance with Indiana driving law, the Bureau of Motor Vehicles will
suspend a person's driver license for five (5) years if that person accumulates
ten (10) moving violations of Indiana traffic laws in a ten-year period, one of
which is a serious offense listed in subsection a., or a major violation listed
in subsection b.
For example, a person with nine (9) speeding tickets and one reckless driving
conviction in a ten-year period will be subject to a (5) year suspension as a
habitual traffic violator.
3. Operating a Vehicle while Suspended as a Habitual Traffic Violator:
a. Under Indiana driving law, operating a vehicle while suspended as a
habitual traffic violator is a FELONY, the most serious type of criminal
offense.
Indiana traffic laws require that, upon receiving a conviction for operating
a vehicle while suspended as a habitual traffic violator, the BMV must suspend
the person's driving privileges for life or as ordered by the court.
b. After Certain Moving Violations: When the Bureau of Motor Vehicles
receives a report from a court of a judgment or conviction for any moving
violation for which points are assessed by the Bureau of Motor Vehicles a
certificate of compliance form is sent to the driver at the address shown on his
or her official driving record in the following instances:
(i) When the Bureau of Motor Vehicles receives notification of a moving
traffic violation and points are assessed, and the driver has at least two (2)
other moving traffic violations on which points were assessed within a
twelve-month period;
(ii) When the moving violation is a felony or a misdemeanor; or
(iii) When the driver has been previously suspended for failure to carry
insurance. The driver has the same forty (40) day period to have the information
completed and sent back to the Bureau of Motor Vehicles to avoid suspension
described in Section 1.
Accumulation of Traffic Offenses
1. The Bureau of Motor Vehicles Driver Improvement Program: In accordance
with Indiana driving law, the Bureau of Motor Vehicles administers a driver
improvement program that identifies individuals who accumulate a number of
moving violations in a short period of time.
The Bureau of Motor Vehicles has rules to assess a point value for each
conviction of a moving violation under Indiana traffic laws. The point value
relates to the seriousness of the offense in posing a risk to traffic safety.
Point values for offenses range from two (2) to eight (8) points depending on
the violation.
For example, a speeding offense less than 15 miles an hour over the posted
limit is a two (2) point violation, while a conviction for operating while
intoxicated is an eight (8) point violation. Points stay active on your driving
record, for two (2) years from the conviction date of the citation for a
violation of Indiana traffic laws.
2. The Administrative Hearing: Under Indiana driving law, drivers who collect
seventeen (17) or more active points during a two (2) year period will be
notified and required to attend an administrative hearing.
At the hearing, the presiding officer will make a determination whether to
place the driver on probation; suspend the person's driving privileges for a
period of not less than thirty (30) days up to the maximum one (1) year; or
impose additional requirements beyond the order of probation or suspension such
as requiring attendance at a driving improvement program.
3. Failure to Appear for Administrative Hearing: Under Indiana driving law,
if you fail to appear for the administrative hearing at the time and place
designated, the hearing will be held in your absence, and a recommendation will
be made by the administrative hearing officer.
Failure to Attend a Mandatory Driver Awareness Course
In accordance with Indiana driving law, the driving privileges of a person
who is ordered by a court to attend a Bureau of Motor Vehicle's approved driver
awareness course or who is required to attend the course because of committing,
within a 12-month period, two (2) or more traffic offenses which result in
convictions for violation of Indiana traffic laws, will be suspended if the
individual does not complete the class in the time required by the Bureau of
Motor Vehicles.
Failure to complete the course or pay the course fee will result in
invalidation of the person's driver license.
In accordance with Indiana driving law, notification of the driver awareness
course requirement is made through the mail. If you move, you must notify the
Bureau of Motor Vehicles so that a notification can reach you and to avoid
license invalidation or suspension.
For More Information
Indiana Department of Transportation
(Source: StateDrivingLaw.com)