Our previous post discussed what Specialized Driving Privileges or “SDP” are. This post will discuss the qualifications and eligibility of a person petitioning for SDP. Before January 2015, a person with a suspended license had to petition the court for a hardship license. Hardship licenses were difficult to obtain and were often denied. Indiana has updated these laws and created SDP. The specialized driving privileges statute (Indiana Code Section 9-30-16) allows people a way to stay their current suspension(s) and regain the ability to drive to and from work, to fulfill parenting obligations, attend medical appointments, and meet other legitimate needs.
The law applies to almost any person EXCEPT:
- An individual who has never been an Indiana resident;
- A individual serving a current suspension for refusal to submit to a chemical test (Breathalyzer or Blood Draw);
- An individual who has been found incompetent or otherwise unfit to operate a motor vehicle by a court or the Bureau of Motor Vehicles (“BMV”);
- An individual who has been convicted for an offense which involved the operation of a motor vehicle and caused the death of another person; or
- An individual who has previously received SDP and has more than one count of violating the terms of those SDP.
That means a person is still eligible even if that person has lost their license for:
– Habitual Traffic Violations (HTV),
– Driving Under the Influence (DUI),
– Operating While Intoxicated (OWI),
– Operating a Vehicle While Intoxicated (OVWI Suspensions),
– Insurance Suspensions,
– Court Ordered Suspensions,
– Bureau of Motor Vehicle Suspension (BMV), or
– Unpaid Traffic Tickets.
It is important to consult a knowledgeable attorney because SDP are not automatically granted. Specialized Driving Privileges are determined by a court on a case-by-case basis and the stipulations in each case can vary depending on the court’s ruling. These privileges can encompass many different scenarios including:
- travel to and from work,
- travel during specific times of the day,
- operation of a vehicle with an ignition interlock device, and
- travel to and from medical appointments or for parenting obligations.
If SDP are awarded by the court, these privileges would be in effect for at least 180 days but no longer than two and a half years.
Our final post in this three part series will discuss petitioning the court for SDP. To learn more about Specialized Driving Privileges, call our offices at 317-558-9677 to schedule a consultation or contact us online to make arrangements.
For More Information about Specialized Driving Privileges Check out the recommended blogs below
Petitioning the court for Specialized Driving Privileges
Our previous posts dealt with the evolution from hardship licenses to Specialized Driving Privileges “SDP” and SDP eligibility. This post will deal specifically with the petition for SDP. Indiana Code Section 9-30-16-4(b) specifies the requirements for a petition filed under this law. The SDP petition must: Be Verified by the petitioner; Include the petitioner’s age,…
Do you qualify for Specialized Driving Privileges?
Our previous post discussed what Specialized Driving Privileges or “SDP” are. This post will discuss the qualifications and eligibility of a person petitioning for SDP. Before January 2015, a person with a suspended license had to petition the court for a hardship license. Hardship licenses were difficult to obtain and were often denied. Indiana has…
What are Specialized Driving Privileges?
A suspended license can be an impossible obstacle for a person trying to get their life back on track. For someone without easy access to public transportation, mundane daily responsibilities can become stressful ordeals. Indiana legislators have worked to relieve this burden on persons with suspended licenses and offer new provisions for a person seeking…