The License Suspension After an Arrest
IC 9-30-6-9 — a year for a refusal, two with a prior, and 180 days for a failed test
Where a judicial officer finds probable cause of an impaired driving offense, the court at the initial hearing recommends immediate suspension of driving privileges, from the date the order is entered, and the clerk sends the affidavit to the bureau.
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| The affidavit says | The bureau suspends |
|---|---|
| The affidavit saysThe person refused a chemical test | The bureau suspendsOne year, or two years with at least one previous conviction for operating while intoxicated, or until the suspension is ordered ended |
| The affidavit saysA test gave prima facie evidence of intoxication | The bureau suspends180 days, or until a court says the charges are disposed of, whichever comes first |
The bureau mails or electronically sends notice that the suspension begins seven days after the notice, or on the date of the court's order, whichever comes first, and of the right to judicial review.
- A person whose privileges are suspended is entitled to a prompt judicial hearing, on a written, verified petition alleging specific facts that contradict the probable cause affidavit.
- The hearing is limited to whether the officer had probable cause, and whether the person refused a test.
- The petitioner carries the burden of proof by a preponderance of the evidence; on no probable cause, or no refusal where the suspension was for one, the court orders the privileges reinstated.
Where probable cause is of a per se alcohol offense, the court may instead order that the person drive only a vehicle with a functioning registered ignition interlock, and then no administrative suspension is imposed or noted on the driving record.
Sources for this section (3)
- IC 9-30-6-8 — Probable cause; suspension of driving privileges; ignition interlock device; violation
- IC 9-30-6-9 — Suspension of driving privileges; duties of bureau
- IC 9-30-6-10 — Judicial hearing; petition; issues; findings; county prosecutor to represent state; burden of proof; appeal
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Indiana attorney.