Welcome to Legal Help
Home Indiana DUI Laws Administrative Review Hearing in Indiana

Free Help – Ask Your DUI Questions

legal dui questions

Choose a State

Administrative Review Hearing in Indiana

When a person is arrested in Indiana for operating a motor vehicle under the influence of alcohol or other prohibited substances, the arresting officer confiscates the motorist’s driver’s license and may suspend or revoke it.  If the driver wants his driving privileges reinstated, he must go through an administrative review.  However, it is important to note that a driver that has had his license confiscated for operating under the influence has only ten days from the date of his arrest to request an administrative review hearing. If the driver fails to request the administrative review hearing within that time, the suspension of his license will stand.

The hearing is conducted by a representative of the Indiana Bureau of Motor Vehicles who is specially qualified to conduct administrative review hearings. The purpose of administrative hearing is fourfold.  First, the BMV representative must determine whether the arresting officer had probable cause to suspend the motorist’s driver’s license. Second, the BMV representative must determine whether the arresting officer utilized proper procedures when the stop was made. Thirdly, the BMV representative must discover whether or not the motorist submitted to be chemically tested for intoxicants. Last, the BMV representative must discover whether the driver’s BAC exceeded .08%  (.02% in the case of minors and .04% in the case of commercial drivers).

In order to make these determinations, the BMV representative hears testimony from both the arresting officer and the accused driver. The officer will testify concerning the circumstances of the stop and the arrest.  The motorist and/or his lawyer (if he has one) may also testify and witnesses may be subpoenaed.  Upon reviewing all of the testimony and facts presented at the hearing, the representative will make a decision.  If the BMV representative finds against the motorist, the suspension of his license will be upheld.  If the representative finds that the evidence presented is not sufficient to justify the stop, the representative will find in favor of the driver and reinstate his license.


If you have any questions about speeding tickets, please ask them at our legal help forum. free legal questions

Ask Questions, Get Answers

free legal help forum

Contact a DUI Lawyer Today!