Driving on a Suspended License in Indiana
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The driver’s licenses of Indiana residents may be suspended or revoked for driving without insurance, delinquency on child support, accumulating points on your license, or numerous other causes. If you drive while your license is suspended or revoked, you may face criminal charges with the possibility of fines and even jail time.
Reasons for Suspension or Revocation
Your license may be suspended or revoked if you:
- drive without insurance, or register your vehicle without first insuring it, and
- if a court finds that you are intentionally delinquent on child support payments . (Ind. Code §§ 9-25-4-1.3, 1-14-12-4.)
In addition, your license may be suspended if you accumulate a certain number of points on your license. Points are assigned to various traffic offenses. (140 Ind. Admin. Code § 1-4.5-2.) If you accumulate 18 points on your license within 24 months, you may be required to attend an administrative hearing. (140 Ind. Admin. Code § 1-4.5-4(b).) You may also have to attend an administrative hearing if you commit three driving offenses within 12 months. (140 Ind. Admin. Code § 1-4.5-4(c).)
Your license may be suspended for many other reasons.
Reinstating Your License
Your license may be suspended or revoked for varying periods of time. You should not drive until your license is reinstated. You may be required to pay fees or complete additional conditions or requirements before your license is valid again. For example, if your license was suspended because you did not have vehicle insurance, you will have to pay one of the following reinstatement fees:
- $150 for a first suspension
- $225 for a second suspension, or
- $300 for a third suspension. (Ind. Code § 9-29-10-1(a).)
Criminal Charges for Driving After Suspension or Revocation
In many situations, your first charge for driving after suspension or revocation may be a Class A infraction. (Ind. Code § 9-24-19-1.) A Class A infraction carries a fine of up $10,000. (Ind. Code § 34-28-5-4.)
If have a previous violation within 10 years, you may be charged with a Class A misdemeanor. (Ind. Code § 9-24-19-2.) You may also be charged with a Class A misdemeanor if you drove with a license that was suspended or revoked due to certain crimes.
The maximum sentence for a Class A misdemeanor may involve a $5000 fine and up to 1 year in jail. (Ind. Code § 35-50-3-2.)
You could be charged with a Class C or D felony in some circumstances, such as driving with a suspended or revoked license and being involved in an accident that kills or seriously injures someone. (Ind. Code § 35-50-3-3.)
A Class D felony may involve the following maximum sentence:
- a $10,000 fine, and
- six months to three years in prison. (Ind. Code § 35-50-2-7(a).)
A Class C felony may involve the following maximum sentence:
- a $10,000 fine, and
- two to eight years in prison. (Ind. Code § 35-50-2-6(a).)
You may face different penalties if you are considered a habitual offender due to a certain number of convictions for certain serious offenses within 10 years. (Ind. Code § 9-30-10-4.) The charge may be a Class D felony, with the same maximum penalty as explained above. (Ind. Code § ST 9-30-10-16(a).)
Additional License Suspensions
In addition to fines and possible jail or prison time, your driver’s license may be suspended for an additional 90 days to two years. (Ind. Code §§ 9-24-19-5(a), 9-24-19-6.)
Help for Driving After Suspension or Revocation Charges
Consider hiring a lawyer if you are charged with driving after suspension or revocation. You could face fines, imprisonment, and further license suspensions if you are convicted. You may have difficulty keeping a job, going to school, or maintaining insurance. Although the law provides specific penalties for driving after suspension or revocation, your sentence will be shaped by the view your city and court system have of the crime. An attorney who is familiar with these charges in your community will be able to provide you with guidance about your individual case.