Hardship License · Specialized Driving Privileges
Getting your license back after a suspension in Indiana.
Specialized driving privileges, often called a hardship license, can let you drive for purposes the court approves. Free, confidential consultation.
- Petitions filed statewide
- BMV record reviewed first
- Free, confidential consultation
- All 92 Indiana counties
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Why the timing matters
An OWI arrest starts two cases, not one.
An OWI arrest starts two cases, not one. The criminal charge moves through the Hamilton County courts. Your license moves through the Bureau of Motor Vehicles, and it moves faster.
Track one
The criminal charge
Moves through the courts
A suspended license can affect your job, your family, your finances, and your independence long before the criminal case is anywhere near resolved.
Track two — moves faster
The suspension
Moves through the BMV, on its own schedule
Raising it at your initial hearing can stay the suspension before it begins. If you have already had that hearing, call anyway, because there are still options.
What they are
Specialized driving privileges, often called a hardship license
Specialized driving privileges allow eligible drivers with a suspended license to drive for specific purposes approved by the court. Depending on your case, they may cover work or commuting, medical appointments, taking children to school or childcare, court and probation obligations, groceries and essential household needs, and places of worship.
A judge may place specific restrictions on when, where, and why you can drive. An order may require proof of valid auto insurance, installation of an ignition interlock device, carrying a copy of the court order while driving, and compliance with all Indiana traffic laws. Orders run for as long as the court decides, though the length and restrictions depend on the facts of your case and the judge.
Eligibility depends on the reason for the suspension, your driving history, your criminal history, and the court reviewing the petition. You may not qualify if you are not an Indiana resident or have never held an Indiana license, if your suspension resulted from refusing a chemical test, if it is based on a conviction involving a death caused while operating a vehicle, or if you have prior violations of a specialized driving privilege order.
Violating the terms of an order can lead to revocation of your privileges, additional suspension time, and possible criminal charges. Getting the petition right the first time matters.
The attorney on your case
You get Trampas Whalin.
Not an associate, not a case manager. He started out as a public defender, which is where trial lawyers learn the work: real cases, real hearings, and a close view of how the state builds a file.
More than fifteen years on, he has defended adults and juveniles across Indiana on everything from a first OWI to the most serious felonies, securing dismissals, diversion agreements, and not guilty verdicts at jury trial. He has lived in Noblesville since 2010, and your case will move through the same courtrooms, judges, and prosecutors he works with every week.
- Over 15 years of Indiana practice
- Former public defender Where trial lawyers learn the work
- President Hamilton County Bar Association
- Indiana Rising Stars Selected by Super Lawyers
- 10.0 rating Avvo
- Federal admissions N.D. and S.D. Indiana
The process
How a specialized driving privileges petition works
Many people seek specialized driving privileges after an OWI, DUI, refusal, or other alcohol-related driving suspension. Getting them is not automatic. You must file a petition in the proper Indiana court and ask a judge to approve limited driving privileges.
- Reviewing your Indiana BMV driving record to identify the reason for the suspension, its length, and what is required to get reinstated
- Preparing a petition that clearly explains why driving is necessary for work, family, medical care, or court obligations
- Filing in the correct court, which may be the circuit or superior court in your county of residence or the court connected to the suspension
- Serving the Indiana Bureau of Motor Vehicles and the county prosecutor with proper notice
- Attending a hearing where one is required, and responding to concerns from the court or prosecutor
“Trampas was open and honest with me from the very beginning, giving me realistic expectations and opinions about the potential outcome of my case. He was focused and thorough. He represented me as though I were his only client.”
— Stephanie, Whalin Legal client
Every case is different. Prior results do not guarantee or predict a similar outcome in any future case, and no representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers. This client statement reflects one person’s experience and is not a promise of any particular result.
Common questions
Answered plainly
Often, yes, but the timing is unforgiving. Raising it at your initial hearing can stay the suspension before it begins, and the petition has to be filed within ten days after that hearing. Drivers suspended for refusing a chemical test are not eligible, though a court may still authorize driving with an ignition interlock device. Call before your first court date.
Refusing a chemical test carries a one-year suspension, or two years with a prior OWI conviction. A test showing prima facie evidence of intoxication carries 180 days, or until the charges are resolved, whichever comes first. These run separately from any suspension a court orders after a conviction.
Depending on your case, privileges may cover work or commuting, medical appointments, transporting children to school or childcare, court hearings and probation appointments, grocery shopping and essential household needs, places of worship, and other court-approved purposes. The judge sets the terms.
A suspension that results from refusing a chemical test makes you ineligible for specialized driving privileges, though a court may still authorize driving with an ignition interlock device. A refusal also carries a longer suspension: one year, or two years with a prior OWI conviction. If you refused a breathalyzer, say so on the first call so we can look at what is actually available to you.
In the appropriate Indiana court, which may be the circuit or superior court in your county of residence or the court connected to the suspension. Filing in the wrong court or leaving out required information can delay your case or result in denial.
Consultations are free. Contact us today and we will discuss what you are facing and what representation would involve before you make any commitment.
We regularly appear in the Hamilton County courts in Noblesville and represent clients in Carmel, Fishers, Westfield, and Indianapolis. Attorney Whalin is admitted in Indiana state courts and in the United States District Courts for the Northern and Southern Districts of Indiana.
Attorney Trampas Whalin. Not an associate, not a case manager. You speak directly with the attorney handling your case from the first conversation.
Talk to the firm
A suspended license does not have to stop you from working or caring for your family.
Whalin Legal represents clients in Noblesville, Carmel, Fishers, Westfield, Indianapolis, and courts throughout Indiana.
Call or send a message to schedule a free, confidential consultation. You will speak with the attorney who will handle your case.
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