Indiana Hardship License
IC 9-24-15-2 allows for the issuance of restricted drivers licenses on the basis of hardship. However, these restricted licenses are not available for suspensions triggered by failing to pay judgment arising out of an accident, failing to file an SR-22 (financial responsibility) certificate after an accident, immediate threat medical suspensions, causing serious bodily injury or death to another while driving, a subsequent license suspension, or a suspension which has not been appealed in a timely manner by following the Motor Vehicle Bureau appeals process. Also, hardship or restricted licenses are not available for CDL driving privileges.
In uninsured motor vehicle cases, where the failure to maintain financial responsibility due to neglect or inadvertence, a judge has the ability to grant hardship relief.
Indiana Code chapter 9-30-10, which governs Habitual Violators of Traffic Laws, allows for issuance of probationary driving privileges under certain conditions. For example, habitual traffic violators who have their licenses suspended for 10 years can apply for hardship consideration, after serving 5 years of the 10 year revocation. Under Indiana Law, habitual traffic violators are those who have 3 or more DUI convictions within a 10 year period.
One of the requirements is that the hardship license applicant cannot have been convicted of a crime specified in I.C. 9-30-10-4(a), which includes leaving the scene of a motor vehicle accident after causing personal injury or death.
Indiana Code section 9-30-10-9(e)(5) imposes a 3 year waiting period for a restricted driver's license, during which time there must be no evidence of operation. This is similar to the Mass. Registry’s requirement that there can be no evidence of driving during a hardship license waiting period.
A restricted driving permit will generally limit your driving for employment purposes or other “specific purposes in exceptional circumstances” such as attending alcohol programs. SR-22 insurance must be maintained as a condition of the hardship license and the permit will be limited to specific hours, based on need. Holders of these restricted Indiana licenses are subject to blood alcohol monitoring and the BAC level is reduced from the legal limit of .08 to .02.
There is a hearing process which must be followed to get a hardship permit and the burden of proof is on the person seeking the Indiana hardship license.