Indiana criminal charge
Operating while suspended; penalties in Indiana
Operating while suspended; penalties is a criminal offense under Indiana law, defined by Ind. Code § 9-24-19-3. Its classification is not fixed: Indiana assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Ind. Code § 9-24-19-3.
What is the penalty for operating while suspended; penalties in Indiana?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 1 year (Operating while suspended (base offense) — Individual knowingly operates a motor vehicle on a highway while driving privileges, license, or permit is suspended or revoked due to a conviction of an offense as defined in IC 35-31.5-2-215.) | discretionary | Ind. Code § 35-50-3-2 |
| Fine | up to $5,000 (Operating while suspended (base offense) — Individual knowingly operates a motor vehicle on a highway while driving privileges, license, or permit is suspended or revoked due to a conviction of an offense as defined in IC 35-31.5-2-215.) | discretionary | Ind. Code § 35-50-3-2 |
| Jail / prison | 6 months to 30 months (Operating while suspended causing bodily injury — The operation of the motor vehicle under the circumstances described in subsection (a) results in bodily injury.; fixed term; advisory sentence 1 year; court may enter judgment of conviction as a Class A misdemeanor in limited circumstances (IC 35-50-2-7(c))) | presumptive | Ind. Code § 35-50-2-7 |
| Fine | up to $10,000 (Operating while suspended causing bodily injury — The operation of the motor vehicle under the circumstances described in subsection (a) results in bodily injury.) | discretionary | Ind. Code § 35-50-2-7 |
| Jail / prison | 1 years to 6 years (Operating while suspended causing death or catastrophic injury — The operation of the motor vehicle under the circumstances described in subsection (a) results in the death or catastrophic injury of another person.; fixed term; advisory sentence 3 years) | presumptive | Ind. Code § 35-50-2-6 |
| Fine | up to $10,000 (Operating while suspended causing death or catastrophic injury — The operation of the motor vehicle under the circumstances described in subsection (a) results in the death or catastrophic injury of another person.) | discretionary | Ind. Code § 35-50-2-6 |
Applies to current.
How is operating while suspended; penalties classified in Indiana?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Operating while suspended (base offense) | Class A Misdemeanor | Individual knowingly operates a motor vehicle on a highway while driving privileges, license, or permit is suspended or revoked due to a conviction of an offense as defined in IC 35-31.5-2-215. | Ind. Code § 9-24-19-3(a) |
| Operating while suspended causing bodily injury | Level 6 Felony | The operation of the motor vehicle under the circumstances described in subsection (a) results in bodily injury. | Ind. Code § 9-24-19-3(b) |
| Operating while suspended causing death or catastrophic injury | Level 5 Felony | The operation of the motor vehicle under the circumstances described in subsection (a) results in the death or catastrophic injury of another person. | Ind. Code § 9-24-19-3(b) |
Common questions about operating while suspended; penalties in Indiana
Is operating while suspended; penalties a felony or a misdemeanor in Indiana?
It depends on the circumstances: operating while suspended; penalties ranges from a Class A Misdemeanor to a Level 5 Felony in Indiana under Ind. Code § 9-24-19-3.
Operating while suspended (base offense): Class A Misdemeanor (Ind. Code § 9-24-19-3(a)) · Operating while suspended causing bodily injury: Level 6 Felony (Ind. Code § 9-24-19-3(b)) · Operating while suspended causing death or catastrophic injury: Level 5 Felony (Ind. Code § 9-24-19-3(b))
What are the penalties for operating while suspended; penalties in Indiana?
Penalties for operating while suspended; penalties in Indiana depend on how it is classified — from a Class A Misdemeanor up to a Level 5 Felony — with the ranges set by Ind. Code § 35-50-3-2, Ind. Code § 35-50-2-7 and Ind. Code § 35-50-2-6; the full table of ranges by variant is published on this page.
Which Indiana statute covers operating while suspended; penalties?
Operating while suspended; penalties is governed by Ind. Code § 9-24-19-3 (Operating while suspended; penalties).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.