02 Aug Getting a Hardship License While HTV
Driver’s License Law Blog: How to Obtain a Hardship License While HTV (Habitual Traffic Violator)
If you find yourself with a suspended driver’s license for being a habitual traffic violator (HTV), your first question is probably how to get a hardship license while HTV. This blog will review the steps needed to petition for a hardship license for those who are suspended as HTV in Indiana.
What is Habitual Traffic Violator Status?
In Indiana, if a person is convicted of nine traffic moving violations and one major conviction involving a motor vehicle (such as DUI/OVWI, reckless driving, or leaving the scene of an accident) in a 10 year period, they will be classified as a Habitual Traffic Violator – 5 Year. This means their license will be suspended for a 5 year period.
If a person is classified as a Habitual Traffic Violator – 10 Year, this means they have been convicted of three major traffic violations, such as DUI, Reckless Driving, or a felony involving the operation of a motor vehicle. Their license will be suspended for 10 years.
Can You Drive While HTV?
No! If you are caught driving while HTV, you can be charged with a Level 6 Felony. If you are convicted of Driving While HTV as a Level 6 Felony and caught driving again, you can be charged with a Level 5 Felony. The only way to obtain a valid license while HTV is to apply for Specialized Driving Privileges, or what many people call a hardship license.
Who Qualifies for a Hardship License While HTV?
If you are HTV, most likely you qualify to apply for a hardship license. If you are only suspended for HTV by the Indiana BMV, you would need to apply in your county of residence. However, if you are also suspended by a court for a criminal case, such as an OVWI, you may need to file a separate petition in that court.
However, there are some cases that won’t qualify a hardship license. If you have been convicted of OVWI causing death, you may not be eligible for a hardship license. Additionally, if you are suspended for refusing a chemical test during an OVWI investigation you cannot be granted a hardship license. Finally, you cannot use a hardship license to operate a commercial motor vehicle.
Where Can You Drive with a Hardship License?
If your petition for a hardship license while HTV is granted, the court will issue an order detailing when and where you can drive. These orders typically allow a person to drive to and from work, religious services, medical appointments, child care responsibilities and visiting the grocery store and gas station. However, the court can issue an order that is as restrictive or lenient at it deems appropriate. For this reason, it is important that you read your hardship license order very carefully.
Are There Other Requirements for a Hardship License?
In most cases, if you are granted a hardship license while HTV, along with any restrictions on driving, you will most likely be required to carry SR22 insurance with limits of $100,000/$300,000. Additionally, the court may require you to have an ignition interlock device installed on your vehicle, along with any other reasonable requirements related to your driving.
Indianapolis HTV and Hardship License Attorney
Chambers Law Office helps clients in Indianapolis and throughout central Indiana apply for Specialized Driving Privileges while HTV. If you have questions about obtaining a license while HTV, Chambers Law Office can help. Call 317-450-2971 to speak with an attorney today.