Understanding Indiana Habitual Traffic Violator (HTV) Status: Penalties, Defenses, and How to Get Your License Back
Losing your driving privileges due to Habitual Traffic Violator (HTV) status in Indiana can have devastating consequences on your job, daily life, and financial stability. Whether you’ve received a notification from the Indiana Bureau of Motor Vehicles (BMV) or been charged with driving while suspended as an HTV, understanding your rights and options is crucial.
What is an Indiana Habitual Traffic Violator (HTV)?
The HTV designation is applied to drivers who have accumulated a significant number of serious traffic offenses within a specific period. Indiana Code 9-30-10 governs HTV suspensions, categorizing offenders based on the severity and frequency of their violations.
💡 Key Takeaway: HTV status results in a mandatory license suspension ranging from 5 years to a lifetime ban, depending on the offenses committed.
How Does Someone Become a Habitual Traffic Violator in Indiana?
Indiana law categorizes HTV suspensions into three levels:
1. Five-Year HTV Suspension
🚗 A driver is classified as an HTV with a 5-year suspension if they have: ✔ 10 or more traffic violations within a 10-year period, AND
✔ At least one of those violations is a "major offense" (see below).
Examples of Major Offenses:
✅ Driving While Suspended (if a prior HTV-related suspension exists)
✅ Operating a Vehicle Without Insurance
✅ Reckless Driving
✅ Speeding in a Work or School Zone
2. Ten-Year HTV Suspension
🔹 A driver receives a 10-year suspension for either of the following scenarios:
✔ Three major offenses within a 10-year period (e.g., DUI, reckless driving, leaving the scene of an accident).
✔ Two major offenses within a 10-year period, including at least one DUI-related offense.
Common Major Offenses Leading to a 10-Year Suspension:
🚨 DUI / OVWI (Operating a Vehicle While Intoxicated)
🚨 Reckless Driving Resulting in Injury
🚨 Leaving the Scene of an Accident
🚨 Vehicular Manslaughter or Homicide Resulting from DUI
3. Lifetime HTV Suspension
🚫 The most severe HTV penalty is a lifetime license revocation, which occurs when:
✔ A driver is convicted twice for DUI causing death within a 10-year period.
✔ A driver is caught driving while suspended as an HTV—this results in a felony charge.
💡 Key Takeaway: If you’re classified as an HTV with a lifetime suspension, there are still options to fight for your driving privileges.
Consequences of Being Declared a Habitual Traffic Violator
Being designated as an HTV in Indiana can severely impact your life in the following ways:
❌ Losing the ability to drive legally for an extended period
❌ Criminal charges if caught driving while suspended
❌ Significant increases in auto insurance rates (or complete loss of coverage)
❌ Employment issues, especially if driving is required for your job
❌ Difficulties with family responsibilities, such as transporting children
🚨 Driving While Suspended as an HTV is classified as a Level 6 felony in Indiana, carrying potential penalties of 6 months to 2.5 years in prison and a $10,000 fine.
Defenses Against an HTV Suspension
If you've received an HTV suspension notice from the Indiana BMV, do NOT assume you have no options. There are multiple legal defenses available:
1. Challenging the Validity of Prior Convictions
🚗 Were your previous traffic violations valid? Some prior offenses may not legally qualify as major offenses under Indiana law.
2. Incorrect BMV Records
📂 The BMV can make mistakes! Errors in record-keeping can result in wrongful HTV classifications.
3. Improper Notification by the BMV
📬 Did you receive proper notice of your suspension? Indiana law requires the BMV to send notification by mail. If you were unaware of your status, you may have grounds for an appeal.
4. Expungement or Reversal of Past Convictions
If a prior conviction is expunged or overturned, it should not count toward your HTV status. A skilled attorney may be able to challenge your HTV suspension based on prior expungements.
How to Get Your License Back After an HTV Suspension
Even if you are classified as an HTV, you may still have options for restoring limited driving privileges.
1. Specialized Driving Privileges (SDP)
🚘 Indiana law allows HTV drivers to apply for Specialized Driving Privileges (SDP), which grant limited driving rights under specific conditions.
✅ Who Qualifies?
Most HTV offenders except those convicted of DUI causing death may be eligible.
✅ What Can You Do With an SDP?
✔ Drive to and from work
✔ Transport children to school or daycare
✔ Attend medical appointments
✔ Complete court-ordered obligations
💡 Key Takeaway: Applying for an SDP requires court approval and the assistance of an experienced Indiana traffic attorney.
2. Appeal Your HTV Status
If your HTV suspension was issued incorrectly, you may challenge it in court. A successful appeal can remove the suspension entirely.
Why You Need an Attorney for an HTV Case
Fighting an HTV suspension or seeking specialized driving privileges is complicated. The legal process requires a deep understanding of Indiana traffic laws, the BMV, and courtroom procedures.
At Vining Legal, we offer:
✔ Aggressive defense against HTV-related charges
✔ Expertise in appealing HTV designations
✔ Specialized Driving Privileges petitions
✔ Expungements of qualifying traffic convictions
🚨 DON’T RISK LOSING YOUR LICENSE FOREVER! Protect your driving rights by calling Vining Legal today at (317) 759-3225 or scheduling a consultation.
