One of the more frustrating aspects of Indiana dui law is the procedure by which someone must go through to have their driver's license reinstated. Logically, most reasonable people assume that once a dui case has been concluded with a specified term of suspension that they will be automatically eligible for reinstatement once the court ordered period of suspension has been served. This is not the case.
There are several hoops that a driver must satisfy within the state of Indiana prior to the reinstatement of driving priviliges after the conclusion of a dui prosecution. Even If a dui prosecution has been dismissed, the court paperwork must be received and processed by the Indiana Burueau of Motor Vehicles prior to reinstatement of a valid license. In other words, even if a case has been dismissed, one can be held responsible for driving while suspended if the bureau has not processed the court ordered paperwork allowing for the reinstatement of the license.
Far more common is the required information necessary for drivers to be aware of following a conviction for a dui offense in the state of Indiana. As covered elsewhere, when a driver has submitted to a breath or blood alcohol test, the individual earns retroactive license suspension credit during the pendency of the dui prosecution. Therefore if a ninety day license suspension has already been served prior to the conclusion of a dui prosecution, the driver has technically fulfilled the court ordered sanction in regard to the license suspension. However, this is where many people get confused.
There are additional requirements drivers holding an Indiana driver's license must meet irrespective of whether the court ordered time for suspension has been served prior to the reinstatement of one's license. Most notably an SR-22 form evidencing the acquisition of high risk insurance must be submitted online through the driver's designated insurance representative to the Indiana Bureau of Motor Vehicles as an additional condition of reinstatement following a dui conviction in Indiana.
I believe it imperative for Indiana dui lawyers to instruct clients to be pro active in regard to lining up a potential insurance provider to foward this required insurance to the bureau of motor vehicles in Indiana so as to not cause undue delay post case resolution. Most, but not all, insurance carriers will offer such insurance. It is always wise to be informed of the costs, procedures and time frame by which the satisfied insurance paperwork will be sent online to the bureau by this provider to prevent any unnecessary delay.
The court systems and bureau of motor vehicles in Indiana can be hampered with bureaucratic impediments to the smooth processing of court orders and/or SR-22 paperwork. With this in mind, I believe it always a good idea to periodically make contact with the bureau once a dui case is over as to whether they are in receipt of the court order and SR -22 paperwork, especially where a court ordered license suspension is nearing a conclusion. In this way, a driver is doing everything possible to prevent excess license suspensions due to delays in processing paperwork needed for bureau reinstatement.
Once: 1.) the court ordered license suspension has been served 2.) the court ordered term of suspension has been properly processed by the bureau with retroactive credit given if warranted 3.) SR-22 insurance paperwork has been provided online through the driver's chosen insurance representative and 4.) the driver has paid a reinstatement fee to the Indiana Bureau of Motor Vehicles, the driver will be in position to restore his or her driver's license.
Please take note of the above referenced realities when seeking reinstatement of a license following a dui prosecution. Acting upon this information prior to a case's conclusion can save good people from needless time and expense in preventing an Indiana driver's license from being reinstated any longer than necessary.