Suspended License Attorney in Indianapolis

30+ Years of DUI-Focused Defense for Driving While Suspended Charges

A suspended license charge in Indianapolis isn’t a minor traffic matter. Under Indiana Code 9-24-19, driving while suspended can be charged as a criminal offense carrying jail time, additional fines, and an extended suspension on top of the one you’re already facing, depending on your history and the circumstances of the offense. At Rathburn Law Office, P.C., we handle these cases throughout Indianapolis and Central Indiana, and we know firsthand how often they follow directly from an OWI conviction.

With more than 30 years focused on DUI defense and complex traffic matters, we bring a level of technical depth to suspended license cases that many firms don’t. Free virtual consultations are available, and we’re reachable 24/7.

If you’re facing a driving while suspended charge in Indianapolis or anywhere in Central Indiana, call us now at (463) 465-2401 or reach out online to schedule a free virtual consultation.

What a Suspended License Charge Actually Means in Indiana

Indiana Code 9-24-19 creates several charge levels depending on your history and what happened during the offense. A first-offense driving while suspended charge is typically a Class A infraction, with fines up to $10,000. That changes quickly if there’s a prior conviction.

The charge escalates based on circumstances:

Class A misdemeanor (first offense): When your suspension resulted from a criminal conviction, such as an OWI, a first driving-while-suspended offense can already be charged as a Class A misdemeanor, carrying up to one year in jail and a $5,000 fine.
Class A misdemeanor (repeat offense): A second offense within 10 years of a prior conviction also rises to this level under Indiana Code 9-24-19-2.
Level 6 felony: If the offense involves bodily injury to another person, the charge can become a Level 6 felony, punishable by six months to two and a half years in prison and up to a $10,000 fine.
Level 5 felony: If someone dies or suffers catastrophic injury, the charge can reach a Level 5 felony, carrying one to six years in prison and up to a $10,000 fine.

A conviction can also add a new suspension period on top of whatever you’re currently serving. For anyone whose suspension came from an OWI, the stakes in that follow-on charge are significant.

How We Defend Suspended License Cases

Our defense evaluation begins with the underlying suspension itself. Indiana law requires proof that the driver knew or should have known the license was suspended, and notice is typically delivered by the Indiana Bureau of Motor Vehicles via mail. If proper notice wasn’t received, that’s a recognized defense. We also examine whether the suspension was lawfully imposed in the first place and whether the traffic stop that led to the charge was legally valid.

The Technical Credentials Behind the Defense

When a suspension traces back to an OWI conviction, the picture gets more complex and may become more favorable. Chuck Rathburn has been qualified as an expert on breath testing, standardized field sobriety tests, and alcohol’s effects on the human body by trial and appellate courts in multiple states, including Indiana. He holds a Lawyer Scientist certificate, serves as an instructor in standardized field sobriety testing, and has studied the evidential breath testing devices used in Indiana courts, including the DataMaster family of instruments, developing professional relationships with device manufacturers in the process. He also has training in phlebotomy and laboratory procedures relevant to blood and urine testing.

That background matters here. When the OWI evidence that produced the suspension is challengeable, the defense of the suspended license charge may shift accordingly. We examine every layer: the stop, the notice, the BMV record, and the testing procedures that led to the suspension itself.

Why Indianapolis Drivers Choose Rathburn Law Office, P.C.

Our practice is built almost exclusively around DUI defense and complex traffic matters. Suspended license charges tied to OWI outcomes aren’t a peripheral service. They sit at the center of what we do every day. Other attorneys consult Chuck Rathburn on cases involving complex testing issues, which reflects the depth of technical knowledge he brings to every matter.

Virtual consultations mean high-level representation is accessible throughout Indianapolis and across Indiana without requiring you to travel. If your livelihood depends on your ability to drive, this isn’t the kind of case to handle without an attorney who understands the full picture. More than 30 years of focused practice in DUI and traffic law gives us seasoned judgment in cases where the consequences are severe and long-lasting.

Get a Free Consultation About Your Suspended License Charge

The earlier you get counsel involved, the more options may be available. A driving while suspended charge in Indianapolis can move quickly through Marion County courts, and the window to challenge evidence or pursue alternatives can narrow fast.

Call Rathburn Law Office, P.C. at (463) 465-2401 or contact us online to schedule your free consultation today. We’re available around the clock.

How Indiana License Suspensions Are Triggered

Understanding why your license was suspended can directly affect how your case is defended. Indiana uses a points system administered by the Bureau of Motor Vehicles to track moving violations. Accumulating 20 or more points within a two-year period triggers a BMV hearing that can result in suspension. Drivers who reach 14 to 18 points first receive a warning notice from the BMV. A conviction for driving while suspended adds 8 points to your record and carries a mandatory additional suspension period.

Common triggers for suspension include:

OWI convictions: An OWI in Indiana triggers an automatic administrative license suspension separate from any criminal penalties imposed by the court.
Habitual traffic violator (HTV) status: Assigned when a driver accumulates a qualifying number of violations within a 10-year period. HTV suspensions are longer, penalties escalate, and in some circumstances driving while suspended on an HTV suspension can become a felony charge.
Failure to pay fines or appear in court: Missed court dates and unpaid traffic fines are among the most common non-criminal suspension triggers.
Driving without insurance: An SR-22 requirement and license suspension can follow a finding that a driver was uninsured.
Failure to complete court-ordered programs: A required driver safety program left incomplete can result in suspension even after other conditions of a sentence are satisfied.

Specialized Driving Privileges in Indiana

Indiana law allows many suspended drivers to petition the court for Specialized Driving Privileges (SDP), which permit limited driving for essential purposes during a suspension. Approved uses typically include travel for employment, medical care, and education. SDP is governed by Indiana Code 9-30-16 and isn’t available to everyone.

Drivers who refused a chemical test or who never held a valid Indiana license may be barred from SDP eligibility, subject to certain exceptions. Eligible drivers must file a verified petition in the appropriate court and satisfy any conditions imposed, which can include restrictions on hours of operation or geographic boundaries. Driving without court-granted SDP while your license is suspended can result in new criminal charges on top of the existing matter.

For drivers carrying a lifetime suspension, a separate petition under Indiana Code 9-30-10-14.1(b) may be available after the required waiting period has passed. Whether SDP or a petition to rescind a lifetime suspension is a realistic option depends on the specifics of your record and the court involved.

Contact Us Today

At Rathburn Law Office, P.C., we're always ready to take your call! Give us a call at (463) 465-2401 or fill out the form below to contact one of our team members.

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Trusted by Our Clients

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Call Chuck!
“I am always impressed by his knowledge and understanding and ability to think outside of the box.”

- Mary M.

Call Chuck!
"Chuck’s knowledge and understanding of breath alcohol instruments is exceptional. He worked closely with a manufacturer for many years learning and sharing the knowledge with the defense community. I have gone to Chuck on many occasions to discuss breath alcohol issues and aspects of how the instrumentation deals with the sampling and analysis. I consider him one of the leading experts on breath alcohol within the defense community. As an attorney, Chuck works hard for his clients and doesn’t just deal cases away. He takes the cases personal and fights to get the best resolution possible. In my 30 some years as an expert in breath alcohol testing, Chuck Rathburn is, by far, one of my favorite attorneys for consulting and brainstorming ways to expose the pseudoscience and bad science in the alcohol testing community. I am always impressed by his knowledge and understanding and ability to think outside of the box. I do not hesitate to say Call Chuck!"

- Mary M.
Worked Hard to Help
“Chuck was able to get the DUI dismissed to a lesser charge.”

- John K.

Worked Hard to Help
"My first attorney told me I had to plead guilty to DUI because they didn't think I had a defense. Chuck was able to get the DUI dismissed to a lesser charge. He worked hard to help me."

- John K.
Outstanding Job
“When looking for DataMaster training for my staff, I looked no further than Charles Rathburn.”

- Jon S.

Outstanding Job
"When looking for DataMaster training for my staff, I looked no further than Charles Rathburn. Mr. Rathburn did an outstanding job educating my entire staff on the concepts of breath alcohol testing while thoroughly explaining the problems associated with breath alcohol testing."

- Jon S.
Intense Passion
“I have taken several DataMaster Courses with Chuck and continue to be blown away by both his command of that instrument and his ability to teach it to others.”

- Eric G.

Intense Passion
"I have taken several DataMaster Courses with Chuck and continue to be blown away by both his command of that instrument and his ability to teach it to others. Chuck has an intense passion for learning about this machine, and has a gift of how to present it in a format that is easy to digest and understand."

- Eric G.
Key to Success
“Understanding the DataMaster better than the DA's and better than may of the State's experts has helped me get some fantastic results.”

- Mark R.

Key to Success
"The in-depth DataMaster training I received from Chuck Rathburn has been a key to success in court. After taking the hands on breath test training from Chuck I am better able to analyze DUI breath cases from the inside out. Understanding the DataMaster better than the DA's and better than may of the State's experts has helped me get some fantastic results."

- Mark R.